Rajasthan High Court - Jodhpur
Jitendra Singh vs State Of Rajasthan on 3 February, 2021
Bench: Devendra Kachhawaha
(1 of 4) [CRLMB-217/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application No. 217/2021
Jitendra Singh S/o Pritam Singh, Aged 39 Years, By Caste Sikh,
R/o Plot No. 65, Vyas Colony, Air Force Ratanada, At Present Plot
No. 112/5B, Kudi Bhagatasani Housing Board, Jodhpur.
(Accused Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 14496/2020
Harimangal Singh S/o Sh. Ramsingh, Aged About 45 Years, R/o
Village Korari, P.s. Nawabganj, Prayagraj Allahabad (Uttar
Pradesh).
----Petitioner
Versus
State, Through Pp
----Respondent
S.B. Criminal Misc. Bail Application No. 218/2021
Vinay Kumar Goutam S/o Shri Kishanlal, Age 31 Years, R/o
356/340/881, Ashok Vihar, Aalam Nagar, Police Thana Tal Katora,
District Lucknow, Uttrapradesh.
(At Present Lodged In District Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Rajesh Choudhary
Mr. D.R. Bishnoi
Mr. C.S. Rajpurohit
For Respondent(s) : Mr. Mukhtiyar Khan, PP
(2 of 4) [CRLMB-217/2021]
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order
03/02/2021
S.B. Criminal Miscellaneous Bail Application No. 217/2021
S.B. Criminal Miscellaneous Bail Application No. 218/2021
The present bail applications have been filed under Section
439 Cr.P.C. on behalf of the petitioners, who are in judicial custody
in connection with F.I.R. No.287/2020, Police Station Shastri
Nagar, District Jodhpur, registered for the offences under Sections
406, 420, 467, 468, 471, 120-B of the Indian Penal Code.
Heard and considered the arguments advanced by the
learned counsel for the petitioners and learned Public Prosecutor.
Perused the material available on record.
Learned counsel for the petitioners stated that offences are
triable by Magistrate; the benefit of bail has already been granted
by the coordinate Bench of this Court to the main accused person,
namely, Irshad Ali vide order dated 01.02.2021 (Bail Application
No.1215/2021); further investigation and trial will take time. With
these submissions, learned counsel for the petitioner prayed that
the benefit of bail may be granted to the accused-petitioners.
Per contra, learned Public Prosecutor stated that laptop and
printer was recovered from Jitendra and Rs.25,000/- were
recovered from accused Vinay Kumar. He further stated that
Irshad Ali is not main accused, Pramod and Harimangal are the
(3 of 4) [CRLMB-217/2021]
main accused. Therefore, benefit of bail may not be granted to
accused-petitioners.
Having regard to the facts and circumstances of the case,
particularly to the fact that offences are triable by Magistrate and
the benefit of bail has already been granted to the co-accused,
and further investigation 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 petitioners deserves to be accepted.
Consequently, the bail applications are allowed. It is directed
that the accused-petitioners No.1. - Jitendra Singh S/o Pritam
Singh, 2. Vinay Kumar Goutam S/o Shri Kishanlal, arrested in
connection with F.I.R. No.287/2020, Police Station Shastri Nagar,
District Jodhpur, shall be released on bail, if not wanted in any
other case; provided each of them furnish a personal bond of
Rs.50,000/- and two surety bonds of Rs.25,000/- (out of which
one surety shall be a local surety) 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.
S.B. Criminal Misc. Bail Application No.14496/2020
Learned counsel for the petitioner does not want to press the
present anticipatory bail application filed under Section 438
Cr.P.C., at this stage and stated that petitioner is ready to
surrender within 07 days before the concerned learned trial Court
and requested that if petitioner filed regular bail application before
the concerned trial Court, the concerned trial Court may consider
(4 of 4) [CRLMB-217/2021]
and decide the bail application of the petitioner preferably on the
same day as per law.
Accordingly, the present anticipatory bail application is
dismissed as not pressed. However, if accused-petitioner
Harimangal Singh S/o Sh. Ramsingh, surrenders in connection
with FIR No.287/2020, Police Station Shastri Nagar, Jodhpur City
West, before the learned trial Court within 07 days from today and
if he files regular bail application, after his surrender, before the
concerned trial Court, the trial Court is directed to consider and
decide his bail application preferably on the very same day in
accordance with law.
(DEVENDRA KACHHAWAHA),J
29-31/amit/-
Powered by TCPDF (www.tcpdf.org)
