Tara Chand vs State
2022 Latest Caselaw 378 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10724/2021

Tara Chand S/o Lt. Sh. Nagarmal Ji, Aged About 26 Years, R/o Inder Baba Bagichi, Behind Saand Shala, Ward No. 3, Sujangarh, Police Station Sujangarh, Dist. Churu (Raj.). (Behind The Bar Since 6-4-2021 And Lodged In Central Jail, Bikaner).

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. M.M. Dhera through VC For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

06/01/2022 Lawyers are not appearing in the Court in view of the

unprecedented situation being faced by the country due to

pandemic of novel corona virus (COVID-19).

The present bail application has been filed under Section 439

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

with F.I.R. No. 124/2021, Police Station Sujangarh, District Churu,

for the offence under Sections 498-A, 304-B and 306 of IPC in

which charge sheet no.107/2021 under Section 498-A, 304-B and

306 of IPC has been filed.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material available on

record.

Counsel for the petitioner submits that the charge sheet in

the case has been filed. He further submits that the allegation

(2 of 3) [CRLMB-10724/2021]

against the petitioner are on similar lines to the co-accused Indra

Devi who has already been enlarged on bail by a Coordinate

Bench of this Court vide order dated 19.07.2021. Learned counsel

further submits that the testimony of the neighbours shows that

the petitioner never harassed the deceased for the dowry articles

and the case of the present petitioner is not distinguishable from

the case of the co-accused who has already been enlarged on bail

by a Coordinate Bench of this Court. The conclusion of trial will

take sufficiently long time, therefore, it is prayed that the

petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application

but he is unable to distinguish the case of the present petitioner

vis-a-vis the case of the co-accused person who has been

enlarged on bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced and considering

the fact that the case of the present petitioner is identical to co-

accused aforesaid who has been enlarged on bail by a Coordinate

Bench of this Court as also the present situation of the country

due to pandemic of corona virus (COVID-19), in particular the

jails, this Court is of the opinion that the petitioner is also entitled

for the grant of bail under Section 439 Cr.P.C.

Accordingly, the present bail application filed under Section

439 Cr.P.C. is allowed and it is directed that the petitioner Tara

Chand S/o Lt. Sh. Nagarmal Ji shall be released on bail in

connection with F.I.R. No. 124/2021, Police Station Sujangarh,

District Churu provided he executes a personal bond in a sum of

Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and

(3 of 3) [CRLMB-10724/2021]

solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand

Only) 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.

(VINIT KUMAR MATHUR),J

8-Shahenshah/-

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