Citation : 2021 Latest Caselaw 6713 Raj
Judgement Date : 5 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3202/2021
1. Indrajeet Singh @ Nikka S/o Shri Pyara Singh, Aged About 29 Years, Ward No. 12, Raisinghnagar, District Sri Ganganagar (Rajasthan). (At Present Lodged In Central Jail Bikaner).
2. Sunil Kumar @ Babuda S/o Shri Nanu Ram, Aged About 32 Years, Ward No. 12, Raisinghnagar, District Sri Ganganagar (Rajasthan). (At Present Lodged In Central Jail Bikaner).
----Petitioners Versus State, Through P.p.
----Respondent Connected With
S.B. Criminal Miscellaneous Bail Application No. 3204/2021
Dharmendra S/o Shri Kesa Ram, Aged About 23 Years, 10 N.p., Police Station Muklawa, District Sri Ganganagar (Rajasthan). (At Present Lodged In Central Jail Bikaner).
----Petitioner Versus
State Of Rajasthan, Through P.p.
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 3205/2021
Surendra Singh @ Deep S/o Shri Jasveer Singh, Aged About 20 Years, Ward No. 10, Raisinghnagar, Police Station Raisingh Nagar, District Sri Ganganagar (Rajasthan). (At Present Lodged In Central Jail, Bikaner).
----Petitioner
(2 of 4)
Versus
State Of Rajasthan, Through P.p.
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 3206/2021 Rahul S/o Satveer, Aged About 19 Years, Bhaduwawala, P.s. Raisinghnagar, District Sriganganagar (Rajasthan). (Presently Lodged In Central Jail Bikaner).
----Petitioner Versus State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Trilok Joshi, Ms. Swati Shekhar for Mr. C.S. Kotwani
For Respondent(s) : Mr. Vikram Shama, PP
Mr. B.S. Sandhu for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/03/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.220/2020 of Police Station Sri Karanpur, District Sri
Ganganagar for the offence(s) punishable under
Section(s) 302, 307, 323, 324, 447, 147, 148, 149 and
120-B IPC and Sections 27 and 30 of the Arms Act.
He/she/they has/have preferred this/these bail
application(s) under Section 439 Cr.P.C.
(3 of 4)
Learned counsel for the petitioners has submitted
that the petitioners have falsely been implicated in this
case. It is submitted that the police have filed charge-
sheet against the petitioners for the offences punishable
under Sections 302, 307, 323, 324, 447, 147, 148, 149
and 120-B IPC. It is argued that there is no allegation of
firing gun shot against the petitioners and no recovery of
any fire arm has been effectd from them. It is submitted
that the petitioners were present on the scene of crime
as they were asked by one Mahaveer Prasad to come on
the disputed land for measurement etc. It is submitted
the petitioners were not aware that the other co-accused
persons had intention to commit murder of one person
and got injured several others by firing gun shots. It is submitted that charge-sheet has been filed and trial of
the case is likely to take time.
Learned Public Prosecutor as well as learned counsel
for the complainant have opposed the bail applications.
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 petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Indrajeet Singh @ Nikka S/o Shri Pyara
Singh, Sunil Kumar @ Babuda S/o Shri Nanu Ram,
Dharmendra S/o Shri Kesa Ram, Surendra Singh @ Deep
S/o Shri Jasveer Singh and Rahul S/o Satveer shall be
(4 of 4)
released on bail in connection with FIR No.220/2020 of
Police Station Sri Karanpur, District Sri Ganganagar
provided he/she/they execute(s) a personal bond in the
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/her/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
ms rathore
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