Dinesh vs State
2022 Latest Caselaw 3733 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3186/2022

1. Dinesh S/o Ganpat Nayak, Aged About 44 Years, R/o Chayan P.s. Ranapur, District Jhabuda, Madhya Pradesh.

(Presently Lodged In Jail, Banswara)

2. Deepak S/o Harish Chandra Gehlot, Aged About 46 Years, R/o Asadpur, P.s. Ranapur, District Jhabuda, Madhya Pradesh.

(Presently Lodged In Jail, Banswara)

3. Kishan S/o Basaram Merawat, Aged About 48 Years, R/o Sajjangarh, P.s Sajjangarh, District Banswara (Rajasthan) (Presently Lodged In Jail, Banswara)

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Raghuveer Singh Bhati.

Mr. Himanshu Trivedi.

For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

09/03/2022

The petitioners have been arrested in connection with F.I.R.

No.278/2019, Police Station Kotwali, District Banswara, for the

offences punishable under Sections 420, 406 & 120-B of the I.P.C.

The petitioners have preferred this bail application under Section

439 Cr.P.C.

Counsel for the petitioners submits that similarly situated co-

accused Rameshchandra S/o Ganpat Nayak & Dinesh S/o Sapla

Bhuriya have already been granted bail by this Court and the

(2 of 2) [CRLMB-3186/2022]

cases of present petitioners are not distinguishable from those of

the co-accused. Counsel further submits that the offences alleged

to have been committed by the petitioners are triable by

Magistrate. Challan of the case has already been presented and no

investigation is pending. The accused-petitioners are in judicial

custody and the trial of the case will take sufficient long time to be

concluded. Therefore, the benefit of bail should be granted to the

accused-petitioners.

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

petitioners under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioners (1) Dinesh S/o Ganpat

Nayak, (2) Deepak S/o Harish Chandra Gehlot & (3) Kishan S/o

Basaram Merawat shall be released on bail in connection with

F.I.R. No.278/2019, Police Station Kotwali, District Banswara

provided each of them executes a personal bond in a sum of

Rs.2,00,000/- with two sound and solvent sureties of

Rs.1,00,000/- each to the satisfaction of learned trial court for

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.

(MANOJ KUMAR GARG),J 47-prashant/-

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