Mohit Pahadiya vs State Of Rajasthan
2023 Latest Caselaw 8746 Raj

[2023:RJ-JD:36139]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13330/2023

1. Mohit Pahadiya S/o Sanjay Pahadiya, Aged About 18 Years, R/o- Street No. 02, Behind Pathwari, Sanjay Colony, P.s. Subhashnagar, Dist. Bhilwara. ( At Present Lodged In Central Jail, Bhilwara)

2. Gaurav Koli @ Golu S/o Satyanarayan, Aged About 18 Years, R/o- Near Shitla Mata Temple, Dadabadi, P.s. Bhimganj, Dist. Bhilwara. ( At Present Lodged In Central Jail, Bhilwara)

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Chautmal Mali S/o Gokul Ji Mali, R/o- Manikya Nagar, Mali Kheda, P.s. Bhimganj, Bhilwara.

----Respondents

For Petitioner(s) : Mr.Rakesh Matoria. For Respondent(s) : Mr.Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment / Order

18/10/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioners who have been arrested in connection with

FIR No.881/2022 registered at Police Station Pratapnagar, District

Bhilwara, for offences under Sections 395 and 120-B IPC.

Learned counsel for the petitioners submitted that the

allegation against the present petitioners is of indulging in dacoity

by stealing mobile phone and cash from the complainant. Further

allegation against the petitioners is of beating the complainant.

Learned counsel submitted that the petitioners have been

falsely implicated in the present case. Learned counsel submitted

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that the petitioners have not been named in the FIR. Learned

counsel submitted that the test identification parade was not

conducted by the investigating agency to establish presence of the

petitioners at the place of incident.

Lastly, learned counsel for the petitioner submitted that no

recovery is due to be made from the present petitioners and

challan against them has already been filed. Learned counsel

submitted that trial of the case will take sufficiently long time,

therefore, the benefit of bail should be granted to the accused-

petitioners.

Per contra, learned Public Prosecutor opposed the bail

application.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case so also the fact that investigation

against the petitioners has already been completed; no recovery is

due to be made from the petitioners and trial is likely to take

sufficiently long time, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

petitioners on bail.

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

allowed and it is ordered that the accused-petitioners- (i) Mohit

Pahadiya S/o Sanjay Pahadiya and (ii) Gaurav Koli @ Golu

S/o Satyanarayan shall be enlarged on bail in connection with

FIR No.881/2022 registered at Police Station Pratapnagar, District

Bhilwara, provided each of them furnishes a personal bond in the

[2023:RJ-JD:36139] (3 of 3) [CRLMB-13330/2023]

sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for their appearance before

the court concerned on all the dates of hearing as and when called

upon to do so.

It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.7

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