Dheeraj @ Dheeru S/O Late Shri Rajendra vs State Of Rajasthan (2023:Rj-Jp:35915)
2023 Latest Caselaw 6579 Raj/2

Rajasthan High Court

Dheeraj @ Dheeru S/O Late Shri Rajendra vs State Of Rajasthan (2023:Rj-Jp:35915) on 23 November, 2023

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2023:RJ-JP:35915]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

  S.B. Criminal Miscellaneous III Bail Application No. 13186/2023

Dheeraj @ Dheeru S/o Late Shri Rajendra, R/o Village Palri
Badhwana, Tehsil And District Charki Dadari (Hariyana) (At
Present Confined In Central Jail Alwar)
                                                         ----Accused/Petitioner
                                    Versus
1.       State Of Rajasthan, Through PP
                                                                   Respondent

2. Prakash S/o Hanuman, R/o Nimmbhor, P.S. Behror, District Alwar.

                                               ----Respondent/Complainant


For Petitioner(s)          :    Mr. R.S. Bhardwaj
For Respondent(s)          :    Mr. Atul Sharma, P.P.
                                Ms. Bhavana Choudhary for
                                Mr. Praveen Balwada

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

23/11/2023 The present third bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.92/2021 registered at Police Station Behror District

Alwar (Police District Bhiwadi) for the offence(s) under Section(s)

365 & 379 IPC and later on for the offences under Section(s) 365,

379, 302, 120-B & 34 IPC.

It is contended by learned counsel for the petitioner that he

is in custody since 06.02.2021, not a single prosecution witness

has been examined so far, other similarly situated co-accused

persons have been extended benefit of bail by this Court and

prayed for his release on bail.

[2023:RJ-JP:35915] (2 of 2) [CRLMB-13186/2023]

Learned Public Prosecutor assisted by the learned counsel for

the complainant/victim though opposed the prayer; but, could not

dispute that case of the petitioner is not distinguishable from the

case of the other co-accused persons who have been extended

benefit of bail by the Coordinate Benches of this Court.

Taking into consideration the submissions advanced by

learned counsel for the petitioner, his length of custody, non

examination of a single prosecution witness so far and release of

similarly situated co-accused persons on bail by the Coordinate

Benches of this Court; but, without expressing any opinion on the

merits of the case, this Court deems it just and proper to enlarge

the petitioner on bail.

Accordingly, the bail third application is allowed and it is

directed that accused-petitioner Dheeraj @ Dheeru S/o Late

Shri Rajendra shall be released on bail under Section 439 Cr.P.C.

in connection with afore-mentioned FIR registered at concerned

Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties

in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to

the satisfaction of the trial court with the stipulation that he shall

comply with all the conditions laid down under Section 437(3)

Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

Manish/48

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