Rajasthan High Court - Jodhpur
Banwari vs State on 5 February, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 734/2021
Banwari S/o Babu Lal, Aged About 23 Years, R/o Khandi, Obari,
P.s. Kherwara, Dist. Dungarpur.
(Presently Lodged In District Jail, Dungarpur).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Ranjeet Singh Chouhan
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 05/02/2021 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.278/2020, Police Station Bicchiwara, District Dungarpur, registered for the offences punishable under Sections 147, 148, 149, 188, 269, 270, 307, 323, 332, 353, 336, 327, 395, 427, 435, 455, 120-B of IPC and under Section 3, 4 of Prevention of Damage to Public Property Act and under Section 8- B of the National Highway Act and under Section 51 of Disaster Management Act.
Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that name of accused-petitioner has not been mentioned in the FIR; FIR filed against 759 accused persons whereas in total more than 2000 (Downloaded on 05/02/2021 at 09:25:22 PM) (2 of 2) [CRLMB-734/2021] persons were involved in the agitation; in the identical circumstances, benefit of bail have already been granted to the similarly situated so many co-accused persons. With this submissions, learned counsel for the petitioner prays that benefit of bail may be granted to the petitioner.
Learned Public Prosecutor has opposed the bail application. In identical cases, benefit of bail have already been granted by this Court to similarly situated co-accused in SBCRLMB No.14325/2020 vide order dated 17.12.2020.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserve to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Banwari S/o Babu Lal, arrested in connection with F.I.R. No.278/2020, Police Station Bicchiwara, District Dungarpur, shall be released on bail, if not wanted in any other case; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J 64-Arvind/-
(Downloaded on 05/02/2021 at 09:25:22 PM) Powered by TCPDF (www.tcpdf.org)