Suresh Kumar vs State Of Rajasthan
2022 Latest Caselaw 8589 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous 2nd Bail Application No. 5449/2022

Suresh Kumar S/o Saluram, Aged About 26 Years, R/o Dantiwas, P.s. Bhinmal, District Jalore. (At Present Lodged In District Jail, Jalore)

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

----Respondent

For Petitioner(s) : Mr. Vinod Sharma

For Respondent(s) : Mr. B.R. Bishnoi, PP

Mr. Ashok Kumar for complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/07/2022

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR

No.133/2019 of Police Station Bhinmal, District Jalore for the

offence(s) punishable under Section(s) 302, 420, 193,

201/120-B IPC. He/she/they has/have preferred this/these

second bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as

per the charge-sheet filed by the police, the petitioner along

with Suresh Kumar son of Poonma Ram and Smt. Shravani

wife Suresh had conspired to kill deceased - Bhajan Lal by

(2 of 3) [CRLMB-5449/2022]

creating a fake identity of a girl and thereafter called him on

the place of incident. It is further argued that this Court has

already enlarged co-accused Suresh Kumar son of Poonma

Ram and Smt. Shravani wife Suresh on bail. Learned counsel

has submitted that since case of the petitioner is not

distinguishable from the case of co-accused Suresh Kumar

son of Poonma Ram and Smt. Shravani wife Suresh, he may

also be enlarged on bail.

Per contra, learned Public Prosecutor as well as learned

counsel for the complainat have opposed the bail application

and argued that bail application of co-accused Dinesh Kumar

has already been rejected by a Coordinate Bench of this

Court and, as such, the petitioner is also not entitled to be

enlarged on bail.

At this stage, learned counsel for the petitioner has

submitted that case of the petitioner is on different footing

from the case of co-accused Dinesh Kumar as he was the

driver, who allegedly dashed the Bolero jeep with the

deceased.

Having regard to the totality of the facts and

circumstances of the case, particularly taking into

consideration the fact that since co-accused persons namely

Suresh Kumar son of Poonma Ram and Smt. Shravani wife

Suresh, who as per charge-sheet had consipired with the

petitioner and committed murder of deceased - Bhajan Lal

have already been enlarged on bail, without expressing any

(3 of 3) [CRLMB-5449/2022]

opinion on the merits of the case, I deem it just and proper

to grant bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these second bail application(s) filed

under Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Suresh Kumar S/o Saluram shall be released

on bail in connection with FIR No.133/2019 of Police Station

Bhinmal, District Jalore provided he/she/they execute(s) a

personal bond in the 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/her/their 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

295-msrathore/-

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