High Court at Jodhpur allowed bail application under Section 439 Cr.P.C. for petitioner, a co-accused in communal violence and attempt to murder case, noting co-accused already on bail and likelihood of long trial.
Petitioner enlarged on bail on execution of personal bond in sum of Rs. 2,00,000/- and two sureties of Rs. 1,00,000/- each.
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[2023:RJ-JD:32911]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10139/2023
Rajesh @ Raju S/o Shri Karnaram Bishnoi, Aged About 37 Years, B/c Bishnoi, R/o Village Doli Kallan, Ps Kalyanpur, Dist. Barmer, Rajasthan. (Presently Confined In High Security Jail, Goograghati, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
05/10/2023
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.62/2017 Police Station Kalyanpur, District Balotra, for the offences under Sections 147, 148, 323, 452, 395, 307/149, 120-B of IPC, under Section 3 PDPP Act, and under Section 8A/8B of the Rajasthan State Highway Act.
Learned counsel for the petitioner submitted that the petitioner is in incarceration since 31.05.2022. Learned counsel for the petitioner submitted that co-accused persons namely Suresh Kumar S/o Shri Bhura Ram, Sunil Bishnoi S/o Ghewar Chand, Ramniwas @ Rama ram S/o Daula Ram Bishnoi, Prithvi Raj @ Dhoni S/o Kalu Ram, Durgesh Choudhary @ DC S/o Raghuveer Choudhary, Amit Sharma S/o Dur Dhameshwar, Prakash S/o Shri Kalu Ram, Arjun Ram S/o
[2023:RJ-JD:32911]
[CRLMB-10139/2023]
(2 of 3)
Joga Ram, Hemraj @ Sani S/o Durga Ram, Rajesh S/o Bhunda Ram, Khushala Ram S/o Jetha Ram, Pukhraj S/o Ghewar Ram, Rakesh Choudhary @ Rocky S/o Gula Ram Choudhary, Dinesh S/o Mohanlal, Subhash S/o Shri Hadmanram, Lakshit S/o Dhanna Ram, Ashok Bishnoi S/o Mishri Lal have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 22.11.2017, 16.03.2018, 26.10.2018, 30.10.2018, 03.11.2018, 29.11.2017, 19.04.2018, 18.12.2017 and 20.12.2017 in S.B. Criminal Misc. Bail Application Nos.10619/2017, 10620/2017, 10621/2017, 10622/2017, 2677/2018, 10417/2018, 10419/2018, 10646/2018, 11259/2018, 10623/2017, 2982/2018, 11409/2017, 11718/2017 respectively.
Learned counsel for the petitioner submitted that the case of the present petitioner is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail. Learned counsel submitted that the petitioner is in judicial custody since 31.05.2022 and the trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner is a habitual offender, therefore, he does not deserve to be enlarged on bail.
However, he was not in position to refute the fact that the above named co-accused persons have already been enlarged on bail by a co-ordinate Benches of this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
[2023:RJ-JD:32911]
[CRLMB-10139/2023]
(3 of 3)
Having regard to the facts and circumstances of the case so also the fact that the case of the present petitioner is not distinguishable from that of above named co-accused persons who have already been enlarged on bail and looking to the possibility that the trial may take long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner- Rajesh @ Raju S/o Shri Karnaram Bishnoi , arrested in connection with FIR No.62/2017 Police Station Kalyanpur, District Balotra; provided he executes a personal bond in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(KULDEEP MATHUR),J
61-KshamaD/-
1 issue framed by the court
Whether the petitioner, in incarceration since May 2022 and indistinguishable in case from co-accused already on bail, deserves to be enlarged on bail given the likely long trial duration?
1 provisions across 1 enactments
Rajesh @ Raju S/o Shri Karnaram Bishnoi
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
