- (1.) UPON hearing learned counsel for petitioners, learned Public Prosecutor and considering totality of circumstances but without commenting on merits of the cases and also taking into consideration antecedents of accused-petitioners, in that accused-petitioner Mukesh (Bail Application No.2156/2011) had five other cases registered against him and accused-petitioner Rakesh @ Khuttu (Bail Application No.03436/2011) had four cases registered against him, I am not inclined to extend them benefit of bail under Section 439 Cr.P.C., hence their Bail Applications No.2156/2011 and 03436/2011 are dismissed.
(2.) HOWEVER, I am inclined to enlarge accused-petitioner Bunty @ Man Singh in Bail Application No.1854/2011, who has only one case previously registered against him, on bail. His bail application is allowed. It is therefore directed that accused-petitioner, namely, Bunty @ Man Singh Son of Shri Ram Niwas, Resident of Kanchanpura, Police Station Sarmathura, District Dholpur (presently confined in Jail at Karauli) be released on bail under Section 439 Cr.P.C., in FIR No.238/2010, Police Station Mansalpur, District Karauli, for offence under Section 395 IPC and Section 3/25 of Arms Act, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. All the three bail applications accordingly stand disposed of. An argument is made that co-accused Keshav Meena Son of Shri Shankar Lal, despite having six cases registered against him, was enlarged on bail. On perusal of rejection order of co-accused Keshav Meena by the court below, it is found that the fact about pendency of six cases is not mentioned therein nor this court was apprised of this fact as is evident from the order passed by a coordinate bench on 13.01.2011 in his Bail Application No.356/2011. It cannot therefore be accepted that the court while granting bail to co-accused Keshav Meena, was conscious of the fact that he had six more cases for offence under Section 397 IPC pending against him. Therefore, let the matter be placed before the coordinate bench of this Court, which granted bail to co-accused Keshav in Bail Application No.356/2011, for taking appropriate view of the matter.;