The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.
No.135/2019, Police Station Kotwali, District Jaisalmer, for the offences under Sections 323, 341, 324, 354, 325, 458, 459 & 307/34 of IPC.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioners that the coaccused Arpit Bhatiya S/o Jugal Kishore and Priyaranjan Singh S/o Balveer Singh have already
been granted bail by this Court vide orders dated 15.05.2019 and 21.05.2019, respectively and the case of the present petitioner is not distinguishable
from the case of the co-accused, who have already been released on bail by this Court.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-
accused persons who have been enlarged on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case
of the present petitioner is identical to coaccused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner
is also entitled for the grant of bail under Section 439 Cr.P.C.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Bhagwati Pal Singh @ Bhagwati Singh S/o Kanvraj Singh,
and (2) Yogendra Singh @ Chhotu Singh S/o Balveer Singh, arrested in connection with F.I.R. No.135/2019, P.S. Kotwali, District Jaisalmer, shall be
released on bail; provided they furnish a personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees:
Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.