Lalit Tanwar vs State Of Rajasthan
2021 Latest Caselaw 10562 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4343/2021

Lalit Tanwar S/o Chandratan Tanwar, Aged About 24 Years, R/o Near Gopinath Bhawan, Daga Chowk, P.s. Nayashahar, Bikaner (Raj.). (At Present Lodged In Dist. Jail, Bikaner).

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4342/2021 Rahul Pareek @ Jafri S/o Devendra Kumar, Aged About 23 Years, R/o Pareek Chowk, Bikaner, P.s. Nayashahar, Bikaner (Raj.). (At Present Lodged In Dist. Jail, Bikaner).

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

----Respondent

For Petitioner(s) : Mr J.S. Choudhary assisted by Mr Divakar Sharma For Respondent(s) : Mr Sumer Singh Rajpurohit, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 12/07/2021

These bail applications have been filed by the petitioners

under Section 439 Cr.P.C. in connection with FIR No.237/2020

registered at Police Station, GangaShahar, District Bikaner for

offence under Sections 307, 384, 386, 336, 435, 120B, 34 IPC

and Sections 27, 3, 25, 35 of the Arms Act.

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and perused the entire material available on

record.

(2 of 3) [CRLMB-4343/2021]

Learned counsel for the petitioners submits that the role of

Lalit Tanwar as alleged is for having used firearm, however, the

learned counsel submits that there were no injuries to any person.

It is also submitted that four firearms were recovered from

different accused persons and the petitioner was not identified.

So far as petitioners Rahul Pareek @ Jafri is concerned,

learned counsel for the petitioner submits that the allegation

against him is of having lit fire on the car on which petrol was

hurled by another co-accused, who has been granted bail.

Learned counsel further submits that the co-accused Hari

Om too has been enlarged on bail and presence of all the accused

persons at the place of incident is alleged in the charge-sheet

similarly. The learned counsel has further pointed out that the

allegation of withdrawing money and handing over to Hari Om is

against co-accused Akshay, who also has been enlarged on bail.

Learned counsel submits that the petitioners are young

persons aged 22 years or so and there is no earlier case against

the petitioner Lalit. The learned counsel for petitioner Rahul also

submits that there is no previous case registered against him.

Per contra, learned Public Prosecutor strongly opposed the

bail applications and pointed out that the case of petitioner Lalit

Tankwar can not be said to be identical to others as the allegation

on Lalit is having used fire-arm and there is recovery of firearm.

I have considered the submissions. Taking into consideration

that the charge sheet has been filed, trial is likely to take time and

the other co-accused have already been enlarged on bail and also

that there is no previous case against petitioners, without

commenting on merits of the case, I am inclined to release the

petitioners on bail.

(3 of 3) [CRLMB-4343/2021]

Accordingly, this bail application is allowed and it is ordered

that the accused petitioners - 1) Lalit Tanwar s/o Chandratan

Tanwar and 2) Rahul Pareek @ Jafri s/o Devendra Kumar

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

aforesaid FIR No.237/2020 registered at Police Station,

Gangashahar, District Bikaner provided each of the petitioners

furnishes a personal bond of Rs.50,000/- with one surety in the

like amount each, to the satisfaction of the concerned Magistrate

with the stipulation that they shall comply with all the conditions

laid down under Section 437 (3) CrPC.

(SANJEEV PRAKASH SHARMA),J

122-123 MMA/-

Powered by TCPDF (www.tcpdf.org)