Mohanlal vs State Of Rajasthan
2021 Latest Caselaw 246 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 5894/2020

Mohanlal S/o Shri Bhagwan Lal, Aged About 20 Years, Bhairvi, Tehsil Chhoti Sadri, Pratapgarh (Presently Lodged In District Jail, Pratapgarh).

----Petitioner Versus

State Of Rajasthan, Through P.p.

----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 2414/2020

Ram Lal S/o Sh. Gheesa Mogya, Aged About 25 Years, R/o Bhairvi, Teh. Choti Sadri, Dist. Pratapgarh, Rajasthan (At Present Lodged At District Jail, Pratapgarh, Rajasthan).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit (through VC) Mr. Rahul Bathi (through VC) Mr. CVS Shekhawat(through VC) For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/01/2021

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.66/2019 of

Police Station Chotti Sadari, District Pratapgarh for the offences

punishable under Sections 307, 458, 380 IPC and Section 3/25 of

the Arms Act. They have preferred these bail applications under

Section 439 Cr.P.C.

(2 of 2) [CRLMB-5894/2020]

Learned counsel for the petitioners has submitted that

charge-sheet has been filed in the matter. It is submitted that the

complainant and another prosecution witnesses, in their

statements recorded before the trial court, have specifically stated

that no one got injured in the incident and they have failed to

support the prosecution story that the accused persons fired gun

shot. It is, thus, prayed that the petitioners may be enlarged on

bail.

Learned Public Prosecutor has opposed the bail applications.

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 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 - Mohanlal

S/o Shri Bhagwan Lal and Ram Lal S/o Sh. Gheesa Mogya shall be

released on bail in connection with FIR No.66/2019 of Police

Station Chotti Sadari, District Pratapgarh 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 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

46-pratibha/-

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