In this bail application under Section 439 Cr.P.C., the High Court at Jodhpur allowed bail to the petitioner. The court noted the co-accused was already on bail, witnesses were few, and the trial had been delayed for years.
Petitioner shall be released on bail on furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5922/2023
Balveer Singh @ Bablu S/o Nand Singh, Aged About 42 Years, R/o Nimbod, Molasar Police Station, Nagaur, District Nagaur. (Confined In High Security Jail, Ghughara Ghati, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Ashok Bishnoi |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi,P.P. |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/10/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.23/2016 registered at Police Station Panchodi, District Nagaur for the offences under Sections 148, 353, 332, 307, 302, 216, 468 and 471 read with 149 IPC and Section 3 PDPP Act and Section 8/18 of the NDPS Act and 3/25 and 3/27 of the Arms Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that co-accused Mahipal has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.01.2023, passed in S.B.CRLMB No.13430/2022. Learned counsel submitted that the petitioner has not been named in the FIR. It was urged that even the eyewitnesses (P.W.-4 and P.W.-5) who were present at the time of
[CRLMB-5922/2023]
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incident did not make any assertion about the petitioner’s presence at the scene. Learned counsel submitted that the petitioner is in judicial custody since 07.12.2017 and the trial of the case will take sufficiently long time inasmuch as out of 61 witnesses, only 14 witnesses have been examined so far.
On these grounds, he implored the court to enlarge the petitioner on bail.
Per contra , learned Public Prosecutor vehemently opposed the bail application. However, he was not in a position to refute the fact that co-accused – Mahipal has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.01.2023.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not distinguishable from that of above-named co-accused person who has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.01.2023. This Court also prima facie finds that the petitioner is in judicial custody since 07.12.2017 and out of 61 witnesses, only 14 witnesses have been examined so far. This Court without expressing any opinion on merits/demerits of the case deems it just and proper to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Balveer Singh @ Bablu S/o Nand Singh arrested in connection with F.I.R. No.23/2016 registered at Police Station Panchodi, District Nagaur shall be released on bail, if not wanted in any other case,
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provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
898-Ravi Khandelwal
2 issues framed by the court
Whether the petitioner should be granted bail in a serious offence involving murder and lynching allegations.
Whether the fact that a co-accused has already been released on bail warrants similar relief for the present petitioner.
1 provisions across 1 enactments
Balveer Singh @ Bablu S/o Nand Singh
State Of Rajasthan
KULDEEP MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
