Jogender @ Dholia vs State
2021 Latest Caselaw 18452 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 11309/2021

Jogender @ Dholia S/o Sh. Bhanwar Singh, Aged About 23 Years, Sampur, P.s. Satnali, Dist. Mahendragarh (Haryana). (At Present Lodged In Sub Jail, Nohar).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Shreedhar Purohit, Mr. Rakesh Matoria

For Respondent(s) : Mr. Arun Kumar, PP

Mr. Manjeet Godara for complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/12/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.483/2018 of Police Station Rawatsar, District

Hanumangarh for the offence(s) punishable under

Section(s) 302 and 120-B IPC. He/she/they has/have

preferred this/these second bail application(s) under

Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation against the petitioner is to the effect that he

(2 of 3) [CRLMB-11309/2021]

hatched a conspiracy with the main accused Ramniwas

Mehla to kill the deceased Harveer. It is argued that as

per the prosecution story, Harveer was killed on

24.9.2018 however, on the said date, the petitioner was

lodged in jail in Haryana. It is also submitted that co-

accused Mohit @ Jaildar has already been enlarged on

bail while taking into consideration the fact that he was

also lodged in jail along with the petitioner. Learned

counsel has submitted that case of the petitioner is

similar to that of co-accused Mohit & Jaildar, who has

already been enlarged on bail.

Learned Public Prosecutor as well as learned counsel

for the complainant have opposed the bail application,

however, they are not in a position to dispute the fact

that case of the petitioner is not distinguishable from that

of co-accused Mohit @ Jaildar, who has already been

granted bail.

Having regard to the totality of the facts and

circumstances of the case, without expressing any

opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

(3 of 3) [CRLMB-11309/2021]

directed that petitioner(s) - Jogender @ Dholia S/o Sh.

Bhanwar Singh shall be released on bail in connection

with FIR No.483/2018 of Police Station Rawatsar, District

Hanumangarh provided he/she/they execute(s) a

personal bond in the sum of Rs.50,000/- with two sound

and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his/her/their

appearance before that court on each and every date of

hearing and whenever called upon to do so till the

completion of the trial.

(VIJAY BISHNOI),J

57-msrathore/-

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