Vacation Judge allowed bail application under Section 439 Cr.P.C. for accused alleged to be accessory to acid throwing, releasing him on personal bond and two sureties without expressing opinion on merits.
Petitioner released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5992/2019
Jitendra Kumar S/o Prakash Chand, aged about 23 years, by Caste Meena, R/o Siwala PS Wajeerpur, District Sawai Madhopur. (At present lodged in Central Jail, Jodhpur.)
----Petitioner
Versus
The State of Rajasthan
----Respondent For Petitioner(s) : Mr. Sunil Mehta For Respondent(s) : Mr. Shravan Kumar Bishnoi, Public Prosecutor
JUSTICE DINESH MEHTA
(VACATION JUDGE)
Order
07/06/2019
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.51/2019, Police Station Dechu, District Jodhpur, for the offences under Sections 307, 326-A & 323 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.
Mr. Sunil Mehta, learned counsel for the petitioner submits that despite the fact that the FIR was lodged against unknown person, in which the complainants have unequivocally stated that one person came on motorcycle and threw acid on them, yet petitioner’s name has been introduced by the Investigating Officer, simply because he had made the motorcycle in question available
(2 of 2) [CRLMB-5992/2019]
to the principal accused Ajay Singh on his request. Learned counsel contends that the petitioner was neither aware of the intention of the principal accused nor he had commanality of intention for the offence, so as to implicate him even under Section 120-B of the IPC.
Learned Public Prosecutor though vehemently opposed this bail application and submits that the motorcycle used for the offence has been recovered from the petitioner and, as such, he is also involved in the case, but failed to point out any material or the incriminating evidence against the petitioner to show meeting of his mind with the main accused.
Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Jitendra Kumar S/o Prakash Chand, arrested in connection with FIR No.51/2019, Police Station Dechu, District Jodhpur shall be released on bail; provided he executes a personal bond in the sum of Rs.50,000/and two sureties of Rs.25,000/- 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.
(DINESH MEHTA),VJ
12-Ramesh/-
1 issue framed by the court
Whether the petitioner is entitled to bail pending trial in a bail application under Section 439 Cr.P.C.
1 provisions across 1 enactments
Jitendra Kumar S/o Prakash Chand
The State of Rajasthan
DINESH MEHTA
As recorded by the court registry
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