Mangi Lal S/O Shri Jaluram vs State Of Rajasthan
2021 Latest Caselaw 2696 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR.
                                        ...

S.B. Criminal Misc. Bail Application No. 14989/2020.

(Second Bail)

Mangi Lal Son of Shri Jaluram, Resident of Bhangarh, Tehsil

Nawa District Nagaur (Raj.).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Neeraj Sharma.
For Respondent(s)         :     Mr. S.S. Ola, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

07/07/2021

This second anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R. No.

1/2018, Police Station Sambhar Lake, District Jaipur, registered for

the offences under Sections 376(1) & 506 of the Indian Penal

Code.

Learned counsel for the petitioner stated that earlier S.B.

Criminal Miscellaneous Petition No. 7812/2019 titled as "Mangilal

Vs. State of Rajasthan & Anr." has been filed and in that Petition,

a co-ordinate Bench of this Court vide order dated 16.12.2019 has

converted the non-bailable warrant issued against the accused-

petitioner into bailable warrant. Learned counsel also stated that

since the original case is still pending before the Magistrate Court

(2 of 3) [CRLMB-14989/2020]

and the Court concerned is not ready to accept the bail bonds

furnished by the accused-petitioner in compliance of the order of

this Court dated 16.12.2019, therefore, direction may be issued to

the Trial Court concerned to accept the bail bonds furnished by the

accused-petitioner in compliance of the order dated 16.12.2019

passed by the co-ordinate Bench of this Court. In support of his

contentions, learned counsel for the petitioner has referred to and

relied upon the following judgments passed by this Court:-

(1) Bhagchand & Anr. Vs. State of Rajasthan (S.B. Criminal

Revision No. 1047/2018, decided on 30.07.2018);

(2) Bhudev Vs. State of Rajasthan (S.B. Criminal Misc.

(Petition) No. 7524/2019, decided on 02.12.2019);and,

(3) Bheem Raj Vs. State of Rajasthan & Anr. (S.B. Criminal

Misc. Application No. 193/2019, decided on 31.05.2019).

Per contra, learned Public Prosecutor has opposed the prayer

now made on behalf of the accused-petitioner.

Heard learned counsel for the accused-petitioner and learned

Public Prosecutor.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the bar and

the order placed by the learned counsel for the petitioner for the

Court's perusal, the prayer regarding issuance of the requisite

directions to the concerned Trial Court is accepted. Although,

further considering the entire facts, circumstances and allegations

involved in this case, this Court is of the opinion that it is not a fit

case for grant of anticipatory bail in favour of the accused-

petitioner under Section 438 Cr.P.C.

(3 of 3) [CRLMB-14989/2020]

However, having regard to the facts and circumstances of the

case and in the interest of justice, the Trial Court concerned is

directed that if the accused-petitioner furnished bail bonds in

compliance of this Court's earlier order dated 16.12.2019 passed

in S.B. Criminal Misc. Petition No.7812/2019 within a period of

seven (07) days, the Trial Court concerned shall release the

accused-petitioner, only after verifying the bail bonds.

With the observations foregoing, this second anticipatory bail

application preferred under Section 438 Cr.P.C. on behalf of the

accused-petitioner - Mangi Lal S/o Jaluram is disposed of.

(DEVENDRA KACHHAWAHA),J

40-Mohan/

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