Vishnu Vishnoi vs State Of Rajasthan
2021 Latest Caselaw 17840 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13599/2021

Vishnu Vishnoi S/o Sh. Sangram Ram, Aged About 30 Years, R/o Surtanagar, Khudala, P.s. Jhanwer, District Jodhpur. (Present Lodged At Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. DL Rawla Mr. Jagdish Kumar Vishnoi Mr. Ashok Kumar Mr. Pawan Bharti For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/11/2021

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.60/2017 of Police

Station Shastrinagar District Jodhpur for the offences punishable

under Sections 455/120-B, 387/120-B IPC and 3/25 Arms Act. He

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

Learned counsel for the petitioner has submitted that after

rejection of earlier bail application of the petitioner by this Court

on 18.01.2021, an SLP was preferred before the Hon'ble Supreme

Court, however, the Hon'ble Supreme Court while dismissing the

same vide order dated 02.03.2021 directed the trial court to

expedite the trial and conclude the same preferably within a

(2 of 2) [CRLMB-13599/2021]

period of six months from the date of production of the certified

copy of this order. It is submitted that copy of the order dated

02.03.2021 was produced before the trial court and six months

have passed but the trial against the petitioner has not concluded.

It is further submitted that in the meantime, the trial court has

enlarged the co-accused persons namely Vikramjeet Singh,

Anmol, Sandeep @ Sachin, Kumbaram and Mahipal on bail and the

case of the petitioner is not distinguishable from the above co-

accused persons, who 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 similarly

situated 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 Vishnu Vishnoi

S/o Sh. Sangram Ram shall be released on bail in connection with

FIR No.60/2017 of Police Station Shastrinagar District Jodhpur

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),J Surabhii/51-

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