Rajasthan High Court - Jodhpur
Kishan vs State Of Rajasthan (2024:Rj-Jd:27548) on 8 July, 2024
Author: Rajendra Prakash Soni
Bench: Rajendra Prakash Soni
[2024:RJ-JD:27548]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous First Bail Application No. 8309/2024
1. Kishan S/o Shyamlal, Aged About 31 Years, R/o Koat,
Police Station Ripur, District Bhilwara, Presently Residing
At Indra Colony, Police Station Govardhan Vilas, Udaipur
(Raj) (Presently Lodged At Central Jail Udaipur)
2. Kishan Lal S/o Mohanlal, Aged About 23 Years, R/o
Javatra, Suraj Pole, Police Station Bhinder, District
Udaipur, Presently Residing At Indra Colony, Police Station
Govardhan Vilas, Udaipur (Raj) (Presently Lodged At
Central Jail Udaipur)
3. Mukesh S/o Hemraj, Aged About 24 Years, R/o Kaharo Ki
Dhani, Police Station Bhadesar, District Chittorgarh
Presently Residing At Indra Colony, Police Station
Govardhan Vilas, Udaipur (Raj) (Presently Lodged At
Central Jail Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Paramveer Singh
For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order 08/07/2024
1. The Petitioners are arrested and detained in F.I.R No. 238/2024 registered at Police station Govardhan Vilas, District Udaipur pertaining to offence punishable under sections 147, 149, 332, 353, 341, 336 and 308 of the I.P.C. and 3 PDPP Act and Section 4/6 of the RNC Act and by this petition, he seeks restoration of his liberty on bail-bond.
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2. I have appreciated the submissions advanced by the learned defence counsel and learned Public Prosecutor and have carefully perused the material available on record.
4. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicants. He thus, craves rejection of the applicants' bail application.
5. I have given my anxious consideration to the rival submissions with reference to material placed before me.
6. On perusal of the record and upon consideration of the submissions, it would be prima facie clear that the allegation of giving lathi blows are against co-accused namely Durga Shankar Kahar and and one lady named Pooja. The allegation against the present petitioners is that they were part of the unlawful assembly pelting stones on the police party.
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 applicants are in custody since 19.06.2024; that bail rejection order goes to show that applicants are not involved in any other case.; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that the applicants have 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 18/07/2024 at 07:16:47 PM)
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8. Consequently, the present bail application is allowed and it is directed that the accused-petitioners Kishan S/o Shyamlal, Kishan Lal S/o Mohanlal and Mukesh S/o Hemraj arrested in connection with the F.I.R No. 238/2024 registered at Police station Govardhan Vilas, District Udaipur shall be released on bail provided they 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 his 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 123-Ravi Khandelwal (Downloaded on 18/07/2024 at 07:16:47 PM) Powered by TCPDF (www.tcpdf.org)