Rajasthan High Court
Rohit Singor S/O Shri Maularam @ ... vs State Of Rajasthan ... on 11 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:28747]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12746/2023
Rohit Singor S/o Shri Maularam @ Molya, R/o Harijan Basti,
Pratap Chowk, Ladpura, P.s. Kotwali, District Kota (Raj.)
(Accused At Present Confined In Central Jail Kota)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Girraj Meena S/o Shri Kishan Gopal, R/o At Present Asi
Police Station- Nayapura, District Kota City (Raj.)
----Respondents
For Petitioner(s) : Mr. Samarth Sharma
For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
11/10/2023
1. The instant bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner, who has been arrested in
connection with FIR No.250/2022 registered at Police Station
Nayapura, District Kota City for the offences under Section 115 of
IPC and Sections 3 & 25(6) of Arms Act. Later on, the police filed
the chargesheet for the offences under Section 115 of IPC and
Sections 3, 25(6), 5 & 25 of Arms Act.
2. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case. He
further submits that no recovery has been affected from the
possession of the petitioner. The petitioner has been arrested in
this case solely on the basis of interrogation of the co-accused-
Gaurav Mehra, who was found in possession of the fire arm and he
[2023:RJ-JP:28747] (2 of 3) [CRLMB-12746/2023]
has already been granted bail by the Co-ordinate Bench of this
Court. He also submits that interrogation of the co-accused cannot
be used against the petitioner, as the same is inadmissible in
evidence in view of provisions of Section 25 of the Evidence Act.
The petitioner is in custody since 20.07.2022 and chargesheet has
been filed in this case and trial of the case will take considerable
time. He also contends that further custody of the petitioner would
not serve any fruitful purpose. Learned counsel has relied upon
the judgment rendered by Hon'ble Supreme Court in the case of
Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020
SC 5592.
3. Learned Public Prosecutor opposes the bail application and
submits that petitioner is a habitual offender, as 16 other cases
have also been registered against the petitioner and bail
application of the co-accused- Ashu Bamniya @ Ashish has been
rejected, considering the fact that 26 other cases have been
registered against him. Thus, present petitioner should not be
granted bail.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances
of the case; considering the arguments advanced by learned
counsel for the petitioner, especially the facts that no recovery has
been affected from the possession of the petitioner and he has
been made accused in this case solely on the basis of
interrogation of co-accused - Gaurav Mehra, who was found in
possession of the fire arm and he has already been granted bail by
the Co-ordinate Bench of this Court and so also keeping in view
[2023:RJ-JP:28747] (3 of 3) [CRLMB-12746/2023]
the law laid down by the Hon'ble Supreme Court in the case of
Tofan Singh (supra), but without commenting anything on the
merits/demerits of the case, I deem it proper to allow the bail
application.
6. This bail application is accordingly allowed and it is directed
that accused-petitioner - Rohit Singor S/o Shri Maularam @
Molya shall be released on bail provided he furnishes a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
together with two sureties in the sum of Rs.25,000/- (Rupees
Twenty Five Thousand Only) each to the satisfaction of the learned
Trial Court with the stipulation that he shall appear before that
Court and any court to which the matter is transferred, on all
subsequent dates of hearing and as and when called upon to do
so.
7. However, it is made clear that the petitioner shall not involve
in similar offence(s) during pendency of bail granted by this Court.
The petitioner is further directed to mark his presence in the
concerned police station on first Monday of every month, till trial is
concluded. If breach of any of these conditions is reported or
come to the notice of the Court, the same shall alone be a reason
for the trial court to cancel the bail granted to petitioner by this
Court.
(ANIL KUMAR UPMAN),J
150-Nirmala
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