Hem Singh vs State
2021 Latest Caselaw 4792 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail Application No. 14120/2020

Vikram Bhati S/o Madan Singh Bhati, Aged About 25 Years, By Caste Mali, R/o Rai Ka Bera, Magra Punjla, Mandore, Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus The State of Rajasthan

----Respondent CONNECTED WITH S.B. Criminal Misc. Bail Application No. 13124/2020 Hem Singh S/o Shri Kheta Ram, Aged About 25 Years, R?o Parihar Nagar, Bhadwasiya, Jodhpur.

(At Present Lodged In Central Jail, Jodhpur).

                                                                   ----Petitioner
                                    Versus
The State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Vinod Sharma
                                Mr. Ravindra Acharya
For Respondent(s)         :     Mr. A.R. Choudhary, P.P.
For Complainant(s)        :     Mr. Harshad Bhadu
Present in person         :     Mr. Suresh Soni, C.I.,
                                SHO, PS Madore, Jodhpur



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

19/02/2021

Pursuant to the direction given by a Coordinate Bench of this

Court on 07.12.2020, Investigating Officer Mr. Suresh Soni, CI,

SHO, Police Station Mandore, District Jodhpur is present in person

before this Court.

(2 of 3) [CRLMB-14120/2020]

Heard learned counsels for the parties and also perused the

material on record.

The petitioners have been arrested in FIR No.134/2020 of

Police Station Mandore, District Jodhpur for the offence punishable

under Section 302/120-B IPC. They have preferred these bail

applications under Section 439 Cr.P.C.

Learned counsels for the petitioners have submitted that

from a bare perusal of the charge-sheet, it is clear that only

allegation against the petitioners is to the effect that they

conducted recce of the deceased and informed the co-accused

persons, who were present at the place of incident and fired

gunshot. Learned counsels for the petitioners have submitted that

the petitioners had no knowledge that the co-accused would kill

the deceased. It is further submitted that the petitioners had no

motive to kill the deceased. It is also submitted that the charge-

sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail applications and

argued that from the call details and other evidence collected by

the police during the course of investigation, it is clear that the

petitioners were in contact with the co-accused persons, who

committed murder of the deceased by firing gunshot and they

were the petitioners who gave information about the presence of

the deceased in the market and on the basis of their information

the co-accused persons reached the place of incident and

committed brutal murder of the deceased. It is, therefore,

submitted that the involvement of the petitioners in commission of

crime is writ large and they are not entitled to be enlarged on bail.

(3 of 3) [CRLMB-14120/2020]

Having regard to the totality of the facts and circumstances

of the case and after perusing the charge-sheet, without

expressing any opinion on the merits of the case, I deem it just

and proper to grant bail to the accused petitioners under Section

439 Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners - Vikram

Bhati S/o Madan Singh Bhati and Hem Singh S/o Shri Kheta Ram

shall be released on bail in connection with FIR No.134/2020 of

Police Station Mandore, District Jodhpur provided each of them

executes a personal bond in a 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 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

Abhishek Kumar S.Nos.7-8

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