Munnasingh @ Vikram Singh vs State Of Rajasthan
2022 Latest Caselaw 371 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 17413/2021

Munnasingh @ Vikram Singh S/o Shri Premsingh Ji, Aged About 34 Years, R/o Dholimagari Badiya Mali, Police Station Siryasi, Dist. Pali.

(Presently Lodged At Sub Jail, Sojat)

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

----Respondent

For Petitioner(s) : Mr. Mahipal Bishnoi for Mr. M.L. Bishnoi, through VC For Respondent(s) : Mr. Sumer Singh Rajpurohit, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

06/01/2022

In the wake of onslaught of COVID-19, as per guidelines,

lawyers have been advised to refrain from coming to the Courts,

therefore, hearing of the matter is being taken up only through

video conferencing.

Heard learned counsel for the petitioner appearing through

video conferencing and the learned Public Prosecutor, present-in-

person. Perused the material available on record.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.180/2016, Police Station Sojat, District

Pali, registered for the offence under Sections 420, 394, 365, 364-

A, 342 and 323 IPC.

(2 of 3) [CRLMB-17413/2021]

Learned counsel for the petitioner stated that accused-

petitioner has falsely been implicated in this case; that earlier trial

was conducted in regard to other co-accused, viz., Kewalchand,

Akaram Khan, Loonsingh and Suresh Choudhary; that after trial in

relation to FIR No.180/2016 in Criminal Sessions Case No.25/2016

registered before Additional Sessions Judge, Sojat, District Pali, all

the above mentioned co-accused have been acquitted vide

judgment dated 21.12.2019; that allegation of kidnapping was

made against co-accused Kewalchand and Akram Khan who has

been acquitted; that accused-petitioner is behind the bars since

arrest; that further trial will take sufficiently long time, therefore,

benefit of bail may be granted to the accused petitioner.

On the contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioner and stated that although

allegation of kidnapping was made against co-accused Kewalchand

and Akram Khan but accused petitioner was present where

complainant was restrained and Rs.10,000/-has been taken from

him.

Having regard to the facts and circumstances of the case,

particularly to the fact that earlier above mentioned co-accused

have been acquitted after trial and allegation against co-accused,

viz., Loonsingh and Suresh Choiudhary are identical to the

accused-petitioner; trial will take sufficiently long time, therefore,

without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the bail application filed by

the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner-Munnasingh @ Vikram Singh S/o Shri

Premsingh Ji, arrested in connection with F.I.R. No.180/2016,

(3 of 3) [CRLMB-17413/2021]

Police Station Sojat, District Pali, shall be released on bail, if not

wanted in any other case, provided he furnishes a personal bond

of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of

Rs.25,000/- (Rupees Twenty Five Thousand) each to the

satisfaction of the 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.

(DEVENDRA KACHHAWAHA),J 104-Bharti/-

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