Tejveer Singh S/O Shri Harisingh vs State Of Rajasthan
2021 Latest Caselaw 7047 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                               18776/2021

Tejveer Singh S/o Shri Harisingh, Aged About 27 Years, R/o
Shivaji Colony Newai Tonk Raj. (At Present Accused Confined In
Central Jail Jhalawar)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. F. R. Meena, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

30/11/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No. 4/20218 was registered at Police Station Panwar,

District Jhalawar for offence under Section 363 I.P.C.

3. It is contended by counsel for the petitioner that the FSL

report does not implicate the petitioner. It is also contended that

the prosecutrix in her statement recorded under Section 164

Cr.P.C., levelled allegation against many persons but in her cross

examination, she refused to identify some of them. It is further

contended that co-accused-Devraj and Lokesh have been given

benefit of bail by the Court. It is also contended that the case of

petitioner is akin to that of Devraj.

4. Learned Public Prosecutor has opposed the second bail

(2 of 2) [CRLMB-18776/2021]

application.

5. I have considered the contentions.

6. Taking note of the facts that co-accused have been given

benefit of bail and petitioner has remained in custody for a period

more than three years, prosecutrix in her cross examination at

one stage, has stated that she recognized Devraj and other than

him no one else has committed any offence with her and also the

fact that FSL report does not implicate the present petitioner and

without commenting on the merits of the case, I deem it proper to

allow the second bail application.

7. This second bail application is, accordingly, allowed and it is

directed that accused-petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /10

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