Rajasthan High Court - Jodhpur
Harish Mal vs State Of Rajasthan (2024:Rj-Jd:36917) on 4 September, 2024
Author: Rajendra Prakash Soni
Bench: Rajendra Prakash Soni
[2024:RJ-JD:36917]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10081/2024
1. Harish Mal S/o Pappu Lal Mal, Aged About 22 Years,
Resident Of 70, Sukhadiya Nagar, Sector No. 03, Police
Station Hiranmagri, District Udaipur. (At Present Lodged
In Central Jail Udaipur)
2. Sunil @ Sunny S/o Kishan Lal, Aged About 27 Years,
Resedent Of Bagore, Police Station Bagore, District
Bhilwara, At Present Residing At 102, Sukhadiya Nagar,
Sector No. 03, Police Station Hiranmagri, District Udaipur.
(At Present Lodged In Central Jail Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Abhimanyu Singh Kotwad
For Respondent(s) : Mr. Shrawan Singh, PP
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order 04/09/2024
1. The prayer made in this bail petition filed under Section 483 of BNSS (Section 439 of old code) is for grant of bail in connection with crime registered pursuant to First Information Report Number 273/2024 of Police Station Hiranmagari District Udaipur in respect of offence(s) punishable under Section(s) 143, 452, 332, 353, 436 of I.P.C. and Section 3 of PDPP Act.
2. This Court has carefully perused the record as well as considered the submissions made by learned counsels for the parties.
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3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicant and submitted that in the facts of the present case, it is expedient that accused be kept in the custody. He thus, craves rejection of the applicant's bail application.
4. I have given my anxious consideration to the rival submissions with reference to material placed before me.
5. On perusal of the record and upon consideration of the submissions, it would be clear that the allegations against the petitioners are that they were aggrieved by disturbed electricity supply in the area. They obstructed the public servant working in the AVVNL and set on fire a bolero vehicle when on government duty. They are in custody since 21.06.2024.
7. Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that that co-accused Govind and Pukhraj have already been enlarged on bail by this Court; that trial is likely to take its own considerable time and taking note of all these aspects I do not intent to go into the merits of the matter but of the considered view that the applicant has available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicant in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage. (Downloaded on 06/09/2024 at 09:43:42 PM)
[2024:RJ-JD:36917] (3 of 3) [CRLMB-10081/2024]
8. Consequently, the present bail application is allowed and it is directed that the accused-petitioners 1.Harish Mal S/o Pappu Lal Mal and 2.Sunil @ Sunny S/o Kishan Lal, arrested in connection with the F.I.R. No.273/2024 of Police Station Hiranmagari District Udaipur shall be released on bail provided thye furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of their release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
(RAJENDRA PRAKASH SONI),J 165-Anshul/-
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