KANWALJIT SINGH AHLUWALIA, J. - (1.) Instant application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioners in a case arising out of F.I.R. No.199/2013, registered at Woman Police Station, Dholpur for offences punishable under Sections 323, 366, 368, 354-A, 379 and 120-B I.P.C. and under Section 370 (2) of the Criminal Law Amendment Act.
(2.) The learned counsel appearing for the petitioners has relied upon the order dated 27.01.2014, whereby co-accused, namely Toran Singh was granted bail, vide S.B. Criminal Miscellaneous Bail Application No.1081/2014.
(3.) Order granting bail to co-accused, namely Toran Singh reads as under :- "Present application has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of F.I.R. No.199/2013, registered at Woman Police Station, Dholpur, District Dholpur, for offences punishable under Sections 323, 366, 368, 354-A, 379 and 120-B I.P.C. and under Section 370 (2) of Criminal Law Amendment Act. The learned counsel appearing for the petitioner has relied upon the order dated 21.01.2014, whereby co-accused, namely Smt. Ratto @ Sajjo Mami was granted bail, vide S.B. Criminal Miscellaneous Bail Application No.834/2014. Order granting bail to co-accused reads as under :- "The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.199/2013 registered at police station Mahila Thana, Dholpur for offences punishable under Sections 323, 366, 368, 354-A, 379 and 120-B IPC. Counsel for the petitioner has relied upon the order granting bail to co-accused of the petitioner Vidhya Ram. Counsel for the petitioner has submitted that co-accused of the petitioner, Vidhya Ram has been released on bail by this Court vide SB Criminal Misc. Bail Application No.11758/2013, decided on 6th December, 2013. Order granting bail to co-accused Vidhya Ram read as under:- "Present application has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.199/2013, registered at Woman Police Station, Dholpur, for offences punishable under Sections 323, 366, 368, 354-A, 379 and 120-B I.P.C. and under Section 370 (2) of the Criminal Law Amendment Act. The learned counsel appearing for the petitioner has submitted that similarly situated co-accused Ramdayal has also been released on bail by a Co-ordinate Bench of this Court vide S.B. Criminal Miscellaneous Bail Application No.10229 of 2013, decided on 24.10.2013. The learned Public Prosecutor for the State has not been able to distinguish the case of the present petitioner from the case of co-accused, Ramdayal. Consequently, the present application is accepted in the same terms as in S.B. Criminal Miscellaneous Bail Application No.10229 of 2013, titled as [Ramdayal v. State of Rajasthan] decided on 24.10.2013, and the petitioner is ordered to be released on bail during pendency of the trial to the satisfaction of the trial Court." Counsel for the petitioner further submitted that co-accused Sushila, Ram Dev, Ram Varan, Ram Nath and Babu have been released on bail by co-ordinate Benches of this court and case of the present petitioner is on better footing than co-accused Sushila. Learned PP could not distinguish the case of the present petitioner from the case of co-accused Sushila. After hearing counsel for the petitioner and for the reasons stated in the order granting bail to co-accused Vidhya Ram, present application is also allowed on the ground of parity and petitioner is also ordered to be released on bail during pendency of the trial to the satisfaction of the trial court. Counsel appearing for the petitioner further submitted that the petitioner is stated to be in custody since 16.08.2013. It is contended by the learned counsel that the case of the present petitioner is at par with the case of co-accused. Contention advanced by the counsel appearing for the petitioner is not controverted by the learned Public Prosecutor for the State and furthermore, the learned Public Prosecutor for the State could not distinguish the case of the present petitioner from the case of co-accused, namely Smt. Ratto @ Sajjo Mani, who has been released on bail. Consequently, the present application is accepted, on the ground of parity; and petitioner is also ordered to be released on bail during pendency of the trial to the satisfaction of the trial Court." ;