Rajasthan High Court - Jodhpur
Jitendra @ Jeetu Jodi vs State on 15 June, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLMB-7761/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7761/2021
Jitendra @ Jeetu Jodi S/o Kheenv Singh, Aged About 30 Years,
R/o Jodi Tehsil And District Churu, At Present Sainik Basti,
Churu. (At Present Lodged In District Jail Churu)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Ashok Bishnoi on VC
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. SK Verma, on VC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE) Order 15/06/2021 In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
Heard learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in connection with FIR No.86/2021 of Police Station Kotwali Churu, District Churu for the offence punishable under Sections 147, 148, 149, 307, 341, 505(1)(B) of IPC and Section 27 of Arms Act and Section 3/25 (I) (1)(C) of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner seeks parity with the co- accused Sanjay Singh, who has granted bail by a coordinate (Downloaded on 15/06/2021 at 08:21:39 PM) (2 of 3) [CRLMB-7761/2021] Bench of this court vide order dated 03.06.2021 passed in S.B. Criminal Misc. Bail Application No.6306/2021, which reads as under :-
"Defect pointed out by the office is ignored. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.86/2021 of Police Station Kotwali Churu, District Churu for the offences punishable under Sections 307, 341, 147, 148, 149, 505(1)(B) of IPC and 27 of Arms Act and under Section 3/25 (I)(1)(C) of Amended Arms Act. He has preferred this bail application under Section 439Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner of firing gun shot, which resulted into injury to bus conductor- Sumer Singh, is absolutely false.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances of the case and after going through the case diary the statement of injured bus conductor- Sumer Singh, in which he has not disclosed the name of the person who fired gun shot, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section439 Cr.P.C.
Accordingly, this bail application filed under Section 439Cr.P.C. is allowed and it is directed that petitioner Sanjay Singh S/o Sh. Mohan Singh shall be released on bail in connection with FIR No.86/2021 of Police Station Kotwali Churu, District Churu provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent (Downloaded on 15/06/2021 at 08:21:39 PM) (3 of 3) [CRLMB-7761/2021] sureties of Rs.25,000/- each to the satisfaction of 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."
Learned P.P. opposes the bail application. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jitendra @ Jeetu Jodi S/o Kheenv Singh shall be released on bail in connection with FIR No.86/2021 of Police Station Kotwali Churu, District Churu provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of 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.
(DR.PUSHPENDRA SINGH BHATI),VJ.
68-Sphophaliya/Sudheer/-
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