Mahesh Puri vs State Of Rajasthan
2021 Latest Caselaw 10458 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8521/2021

Mahesh Puri S/o Mool Puri, Aged About 25 Years, Dashnam Goswami Muhalla Near Raju Public School, Bikaner. (At Present Lodged In Central Jail, Bikaner).

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

----Respondent

For Petitioner(s) : Mr Abhishek Mehta For Respondent(s) : Mr Shanker Bhati, Public Prosecutor Mr Sachin Mathur on behalf of Mr Sanjay Mathur, for complainant

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

09/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.506/2020 registered at Police Station,

Naya Shehar, District Bikaner for offence under Sections 302, 307,

323, 341, 147, 148, 149 IPC.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor with learned counsel appearing for the

complainant and perused the entire material available on record.

Learned counsel for the petitioner submits that the case of

the petitioner can not be distinguished from that of co-accused

Bajrang Giri and Bajrang Puri, who have been enlarged on bail by

co-ordinate Bench of this Court.

Learned counsel submits that there is no overt act

individually on the petitioner which can be said to have caused

(2 of 2) [CRLMB-8521/2021]

death of the deceased. The petitioner was not identified by eye-

witnesses and no identification was conducted.

Learned counsel for the complainant vehemently opposed

the bail application and submits that the case of the petitioner can

not be identically situated with those of Bajrang Giri and Bajrang

Puri. Learned Public Prosecutor has also opposed the bail

application of the petitioner.

Considering the submissions of the learned counsel that the

case of the petitioner and those of Bajrang Puri, Bajrang Giri and

the others can not be distinguished at this stage, in view thereof, I

am inclined to release the petitioner on bail.

Accordingly, this bail application is allowed and it is ordered

that the accused petitioner - Mahesh Puri s/o Mool Puri be

released on bail under Section 439 Cr.P.C. in connection with

aforesaid FIR No.506/2020 registered at Police Station, Naya

Shehar, District Bikaner provided the petitioner furnishes a

personal bond of Rs.20,000/- with one surety in the like amount,

to the satisfaction of the concerned Magistrate with the stipulation

that he shall comply with all the conditions laid down under

Section 437 (3) CrPC.

(SANJEEV PRAKASH SHARMA),J

37-MMA/-

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