Rajasthan High Court - Jodhpur
Fida Hussain @ Janu vs State Of Rajasthan on 8 June, 2021
Bench: Sandeep Mehta Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 483/2021
Fida Hussain @ Janu S/o Mohd. Hanif, Aged About 25 Years, 7
Gd Ward No. 3 Amar Colony, Tehsil Gharsana, Dist.
Sriganganagar. (Presently Lodged At Central Jail Sri
Ganganagar).
----Appellant
Versus
1. State Of Rajasthan, Through P.p.
2. Rakesh Kumar @ Lala S/o Babulal Khatik, Nirankari
Bhawan Ke Pass, Ward No. 19, Raisinghnagar.
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 484/2021
Kamlesh S/o Ramswroop, Aged About 25 Years, Chack 3 Skm
P.s. Ravla Dist. Sriganganagar. (Presently Lodged At Central Jail
Sriganganagar).
----Appellant
Versus
1. State Of Rajasthan, Through P.p.
2. Rakesh Kumar @ Lala S/o Babulal Khatik, Nirankari
Bhawan Ke Pass, Ward No. 19, Raisinghnagar.
----Respondents
For Appellant(s) : Mr. Umesh Kant Vyas, through VC
For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G., with
Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)
Judgment
08/06/2021
Service of notices has been effected upon the
complainant. No one has appeared on his behalf.
The instant appeals have been filed under Section
(2 of 3) [CRLAS-483/2021]
14A(2) SC/ST (PA) Act on behalf of the appellants, who are in
custody in connection with F.I.R. No.312/2020, Police Station
Raisinghnagar, District Sri Ganganagar, for the offences under
Sections 307, 387, 212, 201, 420, 473 and 120-B IPC, Sections
3/25 and 27 of the Arms Act and Section 3(2)(V) of the SC/ST
(PA) Act against the orders dated 06.04.2021 passed by the
learned Special Judge, SC/ST Act Cases, Sri Ganganagar whereby,
the bail applications preferred under Section 439 Cr.P.C. on behalf
of the appellants were rejected.
Heard learned counsel for the appellants, learned Public
Prosecutor and perused the material available on record.
The case of the present appellants stands at par with
the co-accused Avinash and Abhay Singh, whose bail appeals
bearing S.B. Criminal Appeal Nos.390/2021 and 457/2021 have
been accepted by this court vide judgment dated 03.06.2021.
In this background and considering the fact that the
similarly situated co-accused have been granted indulgence of
bail, this Court is of the opinion that the orders rejecting the
applications for bail filed on behalf of the appellants, cannot be
sustained and deserve to be set aside.
Consequently, the instant appeals are allowed.
The impugned orders dated 06.04.2021 passed by the learned
Special Judge, SC/ST Act Cases, Sri Ganganagar are set aside. It
is ordered that the accused-appellants, Fida Hussain @ Janu
S/o Mohd. Hanif and Kamlesh S/o Ramswroop arrested in
connection with F.I.R. No.312/2020, Police Station Raisinghnagar,
District Sri Ganganagar shall be released on bail; provided each of
(3 of 3) [CRLAS-483/2021]
tem furnishes a personal bond of Rs.50,000/- and two surety
bonds of Rs.25,000/- each to the satisfaction of the learned trial
court with the stipulation to appear before that Court on all dates
of hearing and as and when called upon to do so.
(SANDEEP MEHTA ),VJ
32-Pramod/-
Powered by TCPDF (www.tcpdf.org)
