Shyam Sunder vs State Of Rajasthan
2021 Latest Caselaw 9696 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7250/2021

Shyam Sunder S/o Shri Om Prakash, Aged About 40 Years, Nearby Shiv Mandir, Jhutha Lane, Raipur, Tehsil Raipur, District Pali. (Lodged In Sub Jail, Sojat, District Pali).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. DS Udawat (through VC) For Respondent(s) : Mr. SS Rajpurohit, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI (VACATION JUDGE)

Judgment / Order

03/06/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.14/2021 of Police

Station Bagdi Nagar District Pali for the offences punishable under

Sections 379, 285, 120-B IPC, under Section 3 of PDPP Act, under

Sections 15[1], 15[2], 15[3], 15[4] of Petroleum and Minerals

Pipe Line Act, 1962 and under Section 3/4 of Explosive Act. He

has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of first bail application of the petitioner, charge-sheet has

been filed. It is submitted that co-accused persons namely Gopal

Vishnoi, Praveen Kumar, Om Singh, Puran Singh, Bhagwan Singh,

Chetan Singh @ Kalu Singh, Vinod Singh Thakur, Rajendra Singh

(2 of 2) [CRLMB-7250/2021]

and Kashi Prasad Singh have already been enlarged on bail. It is

further submitted that allegation against the petitioner is to the

effect that he was the main conspirator and also one of the

members of the gang indulged in stealing petrol products from the

pipe line of Indian Oil Corporation, whereas the co-accused

persons against whom the allegation of stealing petroleum product

from the pipe line is levelled, have already been enlarged on bail,

therefore, the petitioner is entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application,

however, he is not in position to dispute the fact that the co-

accused persons 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 bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Shyam Sunder

S/o Shri Om Prakash, shall be released on bail in connection with

FIR No.14/2021 of Police Station Bagdi Nagar District Pali 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), VJ

Surabhii/20-

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