Pawan Bhati vs State
2022 Latest Caselaw 6602 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5823/2022

Pawan Bhati S/o Shree Ratan Singh, Aged About 40 Years, R/o Chiti Tehsil Sadar, District Gautambuddhnagar, Uttarpradesh. (At Present Accused Petitioner Confined In District Jail, Itawa (U.p.))

----Petitioner Versus State, Through Pp

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 5824/2022 Vijaypal Kasana S/o Shree Bhanwar Singh, Aged About 41 Years, B/c Gurjar, R/o House No. 1, Mohalla Jatan, Kasba Falavda, Police Station Falavda, District Meerut, Uttarpradesh. (At Present Accused Petitioner Confined In Central Jail, Jaipur, Raj.)

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

----Respondent S.B. Criminal Miscellaneous Bail Application No. 5825/2022 Sachin Bhati S/o Late Shri Ratan Singh Bhati, Aged About 37 Years, R/o Village Chiti, Police Station Dankor, Gautambuddhnagar, Uttarpradesh. (At Present Accused Petitioner Confined In Central Jail, Jaipur, Raj.)

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

----Respondent

For Petitioner(s) : Mr. Ajay Sharma Mr. Rohit Khinchi Ms. Shilpa Sharma For Respondent(s) : Mr. A. R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

(2 of 3) [CRLMB-5823/2022]

06/05/2022

These present bail applications have been filed under Section

439 Cr.P.C. on behalf of the petitioners, who are in judicial custody

in connection with F.I.R. No.358/2019, Police Station Kotwali

Churu, District Churu, registered for the offence under Section

420, 406, 120B IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submits that the similiarly

situated co-accused Sachin Bhati has already been granted bail by

coordinate bench of this Court and the offences are triable by

Magistrate. He further submits that the petitioners are behind the

bar and their incarceration is not required in the case and further

investigation and trial will take sufficiently long time, therefore,

benefit of bail may be granted to the accused petitioners.

On the contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioners.

Having regard to the facts and circumstances of the case,

particularly to the fact that offences are triable by Magistrate and

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 petitioners deserves to

be accepted.

Consequently, the bail applications are allowed. It is ordered

that the accused-petitioners- (1) Pawan Bhati S/o Shree Ratan

Singh (2) Vijaypal Kasana S/o Shree Bhanwar Singh and

(3)Sachin Bhati S/o Late Shri Ratan Singh Bhati arrested in

connection with F.I.R. No.358/2019, Police Station Kotwali Churu,

District Churu, shall be released on bail, provided they furnish a

(3 of 3) [CRLMB-5823/2022]

personal bond of Rs.50,000/- (Rupees Fifty Thousand) each and

two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) to the

satisfaction of the 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.

(FARJAND ALI),J 163-165 nidhi/-

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