Mahesh Kumar Chalana @ Kaka vs State Of Rajasthan
2021 Latest Caselaw 9193 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4819/2021

1. Mahesh Kumar Chalana @ Kaka S/o Shri Somnath, Aged About 36 Years, Ward No. 18, Premnagar, Anoopgarh Police Station, Anoopgarh, District Sri Ganganagar (Raj.). (At Present Lodged At Sub Jail Anoopgarh, District Sri Ganganagar).

2. Pawan Kumar S/o Deshraj, Aged About 28 Years, Ward No. 08, Premnagar, Anoopgarh Police Station, Anoopgarh, District Sri Ganganagar (Raj.). (At Present Lodged At Sub Jail Anoopgarh, District Sri Ganganagar).

3. Manish Kumar @ Mini Nagpal S/o Murarilal, Aged About 33 Years, Ward No. 18, Anoopgarh Police Station, Anoopgarh, District Sri Ganganagar (Raj.). (At Present Lodged At Sub Jail Anoopgarh, District Sri Ganganagar).

4. Shiv Kumar @ Shibu S/o Bhimraj, Aged About 26 Years, Ward No. 03, Anoopgarh Police Station, Anoopgarh, District Sri Ganganagar (Raj.). (At Present Lodged At Sub Jail Anoopgarh, District Sri Ganganagar).

----Petitioners Versus State Of Rajasthan, Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. H.S. Sidhu
For Respondent(s)        :     Mr. B.R. Bishnoi, AGC



            HON'BLE MR. JUSTICE SANDEEP MEHTA

                         Judgment / Order

09/04/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioners, who are in custody in relation

to FIR No.507/2020, Police Station Anoopgarh for offences under

Sections 143 & 306 of the IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor and perused the material available on record.

(2 of 2) [CRLMB-4819/2021]

Material prosecution witnesses have been examined at the

trial. They did not support the prosecution case and were declared

hostile. As per the Parchabayan of the deceased Vinod Sahani, he

was perturbed because the petitioners and other co-accused were

allegedly obstructing him from doing his business.

Whether or not, the material available on record would

constitute the necessary ingredients of the offence under Section

306 IPC or whether, the act of the accused amounted to instigate

the deceased to commit suicide, would be for the trial court to

appreciate, when the case is being finally decided. In any event, I

am of the opinion that the petitioners deserve indulgence of bail in

the case at hand.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioners.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioners (1) Mahesh Kumar Chalana @ Kaka S/o

Shri Somnath (2) Pawan Kumar S/o Shri Deshraj, (3) Manish

Kumar @ Mini Nagpal S/o Shri Murarilal & (4) Shiv Kumar @ Shibu

S/o Shri Bhimraj arrested in connection with the F.I.R.

No.507/2020 registered at Police Station Anoopgarh shall be

released on bail provided each of them furnishes a personal bond

of Rs.50,000/- and two surety bonds 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.

(SANDEEP MEHTA),J 71-Sudhir Asopa/-

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