Bablu Singh vs State
2021 Latest Caselaw 2516 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Third Bail Application No. 13586/2020

Bablu Singh S/o Narayan Singh, Aged About 36 Years, By Caste Ravna Rajput, R/o D-155, Sector 5, K.H.B., Jodhpur. (Presently Lodged At Central Jail, Jodhpur).

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


For Petitioner(s)          :     Mr. Nishant Bora
For Respondent(s)          :     Mr. Mahipal Bishnoi, P.P.
For Complainant(s)         :     Mr. Sunil Mehta



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

29/01/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.248/2014 of

Police Station Pratap Nagar, District Jodhpur for the offence

punishable under Section 302/120-B IPC. He has preferred this

third bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the co-

accused persons viz. Bhawani Singh, Dinesh Gurjar, Ramesh @

Recharge and Om Prakash Bishnoi have already been enlarged on

bail and the case of the petitioner is not distinguishable from that

of co-accused. It is argued that the allegation of firing gunshot,

which proved fatal, is against main accused Chainaram and the

allegation against the petitioner is only to the effect that he

(2 of 2) [CRLMB-13586/2020]

accompanied main accused Chainaram at the time of incident,

however, no active role has been assigned to the petitioner.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application,

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

main accused is Chainaram and the case of the petitioner is not

distinguishable from the co-accused persons viz. Bhawani Singh,

Dinesh Gurjar, Ramesh @ Recharge and Om Prakash Bishnoi, who

have already been enlarged on 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 accused

petitioner under Section 439 Cr.P.C.

Accordingly, this third bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Bablu Singh

S/o Narayan Singh shall be released on bail in connection with FIR

No.248/2014 of Police Station Pratap Nagar, District Jodhpur

provided he 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.No.7

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