Rajasthan High Court - Jodhpur
Vinod Punia vs State Of Rajasthan on 26 November, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 11090/2021
Vinod Punia S/o Prema Ram, Aged About 30 Years, R/o Village
Desalsar, Tehsil Nokha, District Bikaner (At Present Lodged In
District Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate with
Mr. Pradeep Choudhary, Ms. Sampati
Choudhary
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Manish Dadhich for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
26/11/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.254/2020 of Police Station Nokha, Distt. Bikaner for
the offence(s) punishable under Section(s) 302, 307,
341, 325, 323, 427, 147, 148 and 149 IPC. He/she/they
has/have preferred this/these second bail application(s)
under Section 439 Cr.P.C.
(2 of 4) [CRLMB-11090/2021]
Learned counsel for the petitioner has submitted that
the first bail application of the petitioner was dismissed
by this Court as not pressed vide order dated 9.2.2021
while granting him liberty to file a fresh bail application
before the trial court after recording of the statements of
injured eye witnesses namely Rajendra Singh and Vikram
Singh. Learned counsel for the petitioner has submitted
that though the statements of the said eye witnesses
have not been recorded before the trial court, but a new
development took place in the matter, wherein, while
filing supplementary charge-sheet against some of the
accused persons, one of the IO has mentioned that the
petitioner is not found involved in the incident, therefore,
the prosection has moved an application under Section
169 Cr.P.C. before the court concerned for discharging the
petitioner. Learned counsel for the petitioner has
submitted that in view of the fact that in the subsequent
investigation, as the petitioner is not found involved in
the commission of crime, he may be enlarged on bail.
Per contra, learned Public Prosecutor as well as
learned counsel for the complainant have vehemently
opposed the bail application.
Learned counsel for the complainant has submitted
that once the charge-sheet is filed against the petitioner,
(3 of 4) [CRLMB-11090/2021]
the IO has no jurisdiction to move application under
Section 169 Cr.P.C. before the court concerned. It is
further submitted that the trial court has already
dismissed the application under Section 169 Cr.P.C.
moved on behalf of the police with a prayer for
discharging the petitioner and while taking cognizance
has already framed charges against him. It is also
submitted that in the above-referred facts and
circumstances of the case, the petitioner is not entitled to
be enlarged on bail at this stage.
Having regard to the totality of the facts and
circumstances of the case and keeping in view the fact
that though earlier charge-sheet was filed against the
petitioner, but later on, in the subsequent investigation
into the incident, one of the IO has opined that the
petitioner is not involved in commission of crime, doubt
creates regarding his role in the incident, 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 second bail application(s)
filed under Section 439 Cr.P.C. is/are allowed and it is
directed that petitioner(s) - Vinod Punia S/o Prema Ram
shall be released on bail in connection with FIR
(4 of 4) [CRLMB-11090/2021]
No.254/2020 of Police Station Nokha, Distt. Bikaner
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
44 - ms rathore
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