Lakhma Ram vs State
2022 Latest Caselaw 788 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 13863/2021

Lakhma Ram S/o Hamira Ram, Aged About 24 Years, B/c Dewasi, R/o Jhadoliveer, Barloot Police Station, District Sirohi. (Lodged In District Jail, Sirohi)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Mukesh Rawal (through VC) For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

14/01/2022

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.48/2018 of Police

Station Barloot, District Sirohi for the offences punishable under

Sections 459, 460/120-B, 380/120-B, , 397/120-B, 302/120-B

IPC. He has preferred this second bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

thorough investigation, the police has filed charge-sheet against

the petitioner for the offences punishable under Sections 459,

460, 302/34, 397, 169 and 113 IPC on 22.8.2018 while keeping

the investigation pending against one known person, however,

during the course of further investigation, the police has busted a

gang and on interrogation, the police has found that the

commission of offence is in relation to FIR No.48/2018 of Police

(2 of 2) [CRLMB-13863/2021]

Station Barloot has been committed by a gang and not by the

petitioner. It is submitted that detailing out all the above facts and

circumstances of the case, the Police has filed an application

before the Sessions Court, Sirohi under Section 169 CrPC with a

prayer to discharge the petitioner, however, the said application

came to be dismissed by the Sessions Judge, Sirohi vide order

dated 19.12.2020. It is submitted that though the petitioner is

facing trial, but in the facts and circumstances of the case when

the police has already concluded that the petitioner has not

committed any offence, the petitioner may be granted bail.

Learned Public Prosecutor has opposed the bail application.

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 second bail application filed under Section

439 Cr.P.C. is allowed and it is directed that petitioner - Lakhma

Ram S/o Hamira Ram shall be released on bail in connection with

FIR No.48/2018 of Police Station Barloot, District Sirohi 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 113 - ms rathore

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