Citation : 2021 Latest Caselaw 6387 Raj
Judgement Date : 3 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3096/2021
Bhanwar Lal S/o Nema Ram, Aged About 22 Years, Village Lohiya, Police Station Kolayat, District Bikaner. (At Present Lodged In Central Jail Bikaner).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3097/2021 Mohan Lal Alias Monu Jalap S/o Sh. Liladhar, Aged About 24 Years, By Caste Kumhar, R/o Dulmera, Tehsil Lunkaransar, District Bikaner. (At Present Lodged At Central Jail Bikaner).
----Petitioner Versus State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Shreekant Verma Mr. Jayendra Sevada Mr. Murli Manohar Prajapat For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
03/03/2021
Heard learned counsel for the parties and also perused the
material on record.
The petitioners have been arrested in FIR No.419/2020 of
Police Station Nayashahar, District Bikaner for the offences
punishable under Sections 419, 420, 120-B, 143 and 149 IPC and
(2 of 3) [CRLMB-3096/2021]
Section 66 (c) of IT Act. He has preferred this bail application
under Section 439 Cr.P.C.
Learned counsel for the petitioners have submitted that the
allegation against the petitioners is not to the effect that they
participated in the attack upon the complainant and other persons.
It is also submitted that the allegation against the petitioners is
also not to the effect that they made any phone call to Jugal
Kishore Rathi for the purpose of extorting money. It is also
submitted that the only allegation against petitioner - Bhanwar Lal
is to the effect that he provided SIM to co-accused Mohan Lal @
Monu and on the said SIM one gangster used it to obtain OTP. It is
further submitted that only allegation against petitioner - Mohan
Lal @ Monu Jalap is to the effect that he supplied the OTP number
to a gangster, which he received on his mobile phone. It is further
submitted that as a matter of fact the petitioners were not aware
about any conspiracy to kill any person or to extort money from
anybody. It is submitted that the charge-sheet has been filed and
the trial of the case will take time.
Learned Public Prosecutor has opposed the bail application.
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
petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439
Cr.P.C. are allowed and it is directed that petitioners - Bhanwar Lal
S/o Nema Ram and Mohan Lal alias Monu Jalap S/o Sh. Liladhar
shall be released on bail in connection with FIR No.419/2020 of
Police Station Nayashahar, District Bikaner provided each of them
(3 of 3) [CRLMB-3096/2021]
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 their 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),J
75-76 mohit/-
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