High Court allowed bail application of petitioner in FIR for offences under IPC Sections 148, 302, 396. Granted bail on personal bond of Rs.1 lakh with sureties, noting co-accused already granted bail in similar cases.
Petitioner released on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 249/2022
Lokesh @ Sheru Mali S/o Sh. Tara Chand Mali, Aged About 26 Years, R/o Ward No. 1, Maloni Road, Delana-Gramin, Gangapur, P.s. Gangapur, Dist. Bhilwara (Raj.). (Presently Lodged In Sub Jail, Bali).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
| For Petitioner(s) | : Mr. Shambhoo Singh Rathore |
|---|---|
| Mr. Hitendra Singh | |
| For Respondent(s) | : Mr. Arun Kumar,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
05/03/2022
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.148/2017, Police Station Takhatgarh, District Pali, registered for the offence punishable under Sections 147, 148, 325, 307, 357, 460, 302 and 396/149 of the Indian Penal Code.
Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that incident took place in 2017; initially, four persons namely, Aniya, Dharma Ram @ Dharmendra, Parasmal and Suresh Kumar were arrested; interrogation note was subsequently filed against the present
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petitioner and co-accused Chhail Singh; supplementary chargesheet has been filed in regard to the present petitioner; allegations levelled against the petitioner are similar to that of the co-accused Chhail Singh who has already been granted benefit of bail; even sword and other weapons have been recovered from other co-accused persons; no weapon has been recovered from the petitioner and only Rs.4,000/- have been recovered from the petitioner. Learned counsel further stated that benefit of bail has been granted to co-accused persons, namely, Chhail Singh, Dharma Ram @ Dharmendra; Suresh Kumar; Prakash @ Bhaya Ram, Parasmal and Aniya; petitioner is behind the bars since 28.07.2021; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner but does not controvert the arguments advanced by learned counsel for the petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the statement of injured, Himta Ram (PW.2) and the facts that benefit of bail has been granted by co-ordinate Bench(s) of this Court to co-accused persons, Chhail Singh vide order dated 23.10.2020 (Bail Application No.9094/2020), Dharma Ram @ Dharmendra and Suresh Kumar vide order dated 21.10.2019 (Bail Application Nos.12544/2019 & 11372/2019); Prakash @ Bhaya Ram vide order dated 10.01.2020 (Bail Application No.15464/2019), Parasmal vide order dated 11.09.2019 (Bail Application No.11083/2019) and Aniya vide order dated 29.08.2019 (Bail Application No.6137/2019); charge-
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sheet has been filed; and trial will take sufficiently long time, therefore, 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 is allowed. It is ordered that the petitioner, Lokesh @ Sheru Mali S/o Sh. Tara Chand Mali, arrested in connection with F.I.R. No.148/2017, Police Station Takhatgarh, District Pali, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(DEVENDRA KACHHAWAHA),J
22-Rashi/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. considering that co-accused have already been granted bail and trial will take a long time.
1 provisions across 1 enactments
Lokesh @ Sheru Mali
State of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
