Citation : 2021 Latest Caselaw 2483 Raj/2
Judgement Date : 28 June, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
5308/2021
Ramavtar S/o Babu Lal Meena, R/o Chittodi Ps Bassi Dist. Jaipur
Raj. (At Present In Dist. Jail Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 5309/2021 Kapil Kumar S/o Har Lal Meena, R/o Chittori Ps Bassi Dist. Jaipur
Raj. (At Present Detained In Jail Dausa)
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent S.B. Criminal Miscellaneous Bail Application No. 5932/2021 Lekhraj Meena S/o Ranjeet Meena, Aged About 20 Years, R/o
Vill. Chota Maheshwara Ps Sadar Dausa Dist. Dausa Raj. (At
Present Lodged In Dist. Jail Dausa)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 7260/2021 Ashish @ Ashu S/o Ramprasad Meena, R/o Chittori Police Station
Bassi District Jaipur (At Present Confined In District Jail Dausa)
----Petitioner Versus
(2 of 4) [CRLMB-5308/2021]
State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 8041/2021 Bachchu @ Jasraj S/o Ramnarayan Meena, Resident Of
Peelukhera, Police Station Bonly, District Sawaimadhopur (Raj). (
At Present Petitioner Is Confined In District Jail Dausa ).
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Rohan Jain with Mr. Amit Puri through VC Mr. Madhumita Das through VC Mr. Ritesh Jain through VC Mr. Hari Krishana Sharma through VC Mr. Raj Kumar Sharma through VC For Complainant(s) : Mr. Madhusudan Purohit through VC Mr. Amitabh Jatav through VC For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
28/06/2021
1. Defect/s pointed out by the Registry in S.B. Criminal Misc.
Bail Applications No.7260/2021 and 8041/2021 is/are waived.
2. Petitioners have filed these bail applications under Section
439 Cr.P.C.
3. F.I.R. No.52/2020 was registered at Police Station Lawan,
District Dausa for offence under Sections 147, 148, 149 120-B.
302 & 341 I.P.C.
4. It is contended by counsel for the petitioners that co-accused
(3 of 4) [CRLMB-5308/2021]
have been enlarged on bail. In the video clip, presence of the
petitioners is not visible. It is also contended that the witnesses
whose statement have been recorded under Section 164 Cr.P.C.
have assigned fatal injury to Mulk Raj. It is further contended that
case of petitioners is at parity with the co-accused who have been
granted bail.
5. Learned Public Prosecutor and counsel for the complainant
have opposed these bail applications. It is contended that after
grant of bail, co-accused celebrated and posted celebration on
WhatsApp. It is also contended that Lekhraj was with the
deceased and Mulk Raj and they took deceased in the vehicle.
6. To which counsel for Lekhraj contends that the witnesses
whose statement have been recorded under Section 164 Cr.P.C.
were also in the vehicle and one Jeetu was also in the vehicle who
has been enlarged on bail. No overt act is assigned to any of the
petitioners.
7. I have considered the contentions.
8. Considering the contentions put forth by counsel for the
petitioners, I deem it proper to allow these bail applications.
9. These bail applications are, accordingly, allowed and it is
directed that accused-petitioners shall be released on bail
provided each of them furnishes a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) together with two sureties in
the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the
satisfaction of the trial Court with the stipulation that they shall
appear before that Court and any Court to which the matter be
(4 of 4) [CRLMB-5308/2021]
transferred, on all subsequent dates of hearing and as and when
called upon to do so.
10. A copy of this order be placed in connected files.
(PANKAJ BHANDARI),J
ARTI SHARMA /18-22
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