Rajasthan High Court
Jandel Singh Son Of Chhote Lal vs State Of Rajasthan ... on 11 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:28562]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11738/2023
Jandel Singh Son Of Chhote Lal, Aged About 59 Years, R/o
Tikathar, P.s. Jaithara, District Eta, U.p. ( At Present Accused
Petitioner Confined In District Jail Dholpur).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. R. R. Baisla
For Respondent(s) : Mr. Atul Sharma, 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.17/2023 registered at Police Station Angai,
District Dholpur for the offences under Sections 3/25, 3/25(6),
5(1)(a)/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
submits that petitioner has been arrested in this case solely on the
basis of interrogation of the co-accused- Prashant, who was found
in possession of the arms and he 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
[2023:RJ-JP:28562] (2 of 3) [CRLMB-11738/2023]
custody since 11.08.2023 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 15 other cases
have also been registered against the petitioner, thus, bail should
not be granted to him.
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 petitioner has
not been caught on the spot and he has been made accused in
this case solely on the basis of interrogation of co-accused -
Prashant, who was found in possession of the arms and he has
already been granted bail by the Co-ordinate Bench of this Court
and so also keeping in view 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 - Jandel Singh Son Of Chhote Lal 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
[2023:RJ-JP:28562] (3 of 3) [CRLMB-11738/2023]
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
120-Nirmala
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