This High Court granted bail to the petitioner, who was arrested under Sections 302, 120-B IPC and Arms Act for supplying arms. Despite the charge-sheet being filed, the court deemed it just and proper to release him on bond to face trial.
Petitioner released on bail on executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 11441/2018
Anil Dalor S/o Shri Shanti Lal Dalor, Aged About 27 Years, B/c Harizan, R/o Alawada Kheri, Opp. Balaji Temple, P.s. Sahar, Kotwali, Distt. Mandsaur (Mp) (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. AS Rathore, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
03/01/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.299/2018 of Police Station Amba Mata, District Udaipur for the offences punishable under Sections 302, 120-B IPC and under Section 5/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he had supplied arms to the co-accused persons, who have committed murder of one Gajendra brother of the complainant. It is also argued that as per the admitted case of the prosecution, the petitioner was not present at the scene of crime. It is further submitted that as per the prosecution story, the petitioner had
(2 of 2)
[CRLMB-11441/2018]
supplied arms to the other co-accused persons six months prior the date of the incident. It is also submitted that police have filed charge-sheet against the petitioner for the offences punishable under Sections 302, 120-B IPC read with Section 5/25 of Arms Act. Learned counsel has submitted that there is no direct evidence available on record which suggests that the petitioner had supplied arms to the co-accused persons while knowing that they would commit murder of brother of the complainant. Learned counsel has further submitted that charge-sheet has already been filed and trial of the case will take time.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Anil Dalor S/o Shri Shanti Lal Dalor shall be released on bail in connection with FIR No.299/2018 of Police Station Amba Mata, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Surabhii/11
1 issue framed by the court
Whether bail should be granted to the accused charged with murder and possession of arms under Section 439 Cr.P.C.
4 provisions across 3 enactments
Anil Dalor
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
