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Rajasthan High Court - Jodhpur

Prithvi Singh vs State on 14 September, 2017

Author: P.K. Lohra

Bench: P.K. Lohra

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Misc. Bail No. 7484 / 2017
1. Kunal @ Montu Son of Vijay Bhai, By Caste Khatri, Resident of
18, Purshottam Park, Nearby Daimond Society, Gaytri Mandir,
Highway Road, Disa (Gujarat)

2. Vikram @ Vikky Son of Varda Ji, By Caste Mali, Resident of
Infront of Adarsh High School, Malgarh, Disa (Gujarat)
(Lodged in Sub Jail, Balotra)
                                                    ----Petitioners
                              Versus
State of Rajasthan
                                                       ----Respondent
                           Connected With
              S.B. Criminal Misc. Bail No. 7058 / 2017
Prithvi Singh S/o Sh. Ganpat Singh, By Caste Rajput, Resident of
Longasar, Rajmathai, P.S. Phalsund, District Jaisalmer (Raj.)
(Presently Lodged in District Jail, Jaisalmer)
                                                      ----Petitioner
                                Versus
State of Rajasthan Through Public Prosecutor.
                                                    ----Respondent
_____________________________________________________
For Petitioner(s)   :   Mr. J.V.S. Deora in Criminal Misc. Bail
                        No.7484/2017.
                        Mr. Vineet Jain in Criminal Misc. Bail
                        No.7058/2017.
For Respondent(s) : Mr. K.V. Vyas, PP for the State.
_____________________________________________________
               HON'BLE MR. JUSTICE P.K. LOHRA

Order 14/09/2017 These two bail applications are arising out of one and the same FIR bearing No.95/2017 of Police Station Pachpadra, District Barmer, therefore, both are heard together and disposed of by this common order. In the FIR, all the petitioners are charged for offence punishable under Sections 457 & 380/511 IPC.

It is submitted by learned counsels for the petitioners that the allegation against petitioners is that they have made an (2 of 2) [ CRLMB-7484/2017] attempt to dismental ATM with the intend to commit offence of theft. It is also argued by learned counsels that none of the petitioners is named in the FIR and it was lodged against unknown persons. Lastly, learned counsels have urged that offences slapped against them are triable by Magistrate.

Learned Public Prosecutor has opposed the bail application of petitioners.

Having heard learned counsel for the parties and taking into account facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioners by enlarging them on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners (1) Kunal @ Montu S/o Vijay Bhai, (2) Vikram @ Vikky S/o Varda Ji, and (3) Prithvi Singh S/o Sh. Ganpat Singh, arrested in connection with F.I.R. No.95/2017, Police Station Pachpadra, District Barmer may be released on bail; provided each one of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of 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.

(P.K. LOHRA)J. Twinkle Singh/24-25