Rajasthan High Court - Jodhpur
Prithvi Singh vs State Of Rajasthan (2023/Rjjd/014805) on 11 May, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023/RJJD/014805]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5181/2023
Prithvi Singh S/o Sh. Gurcharan Singh, Aged About 37 Years,
W.no. 9, Santpura Teh. Sangaria, Dist. Hanumangarh (Sub Jail
Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Suresh Kumbhat
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 11/05/2023 The instant bail application has been filed by the petitioner under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.541/2020 registered at Police Station Sangaria, District Hanumangarh, for the offences under Sections 147, 148, 149, 323, 341, 325 and 326 of IPC.
Learned counsel for the petitioner submits that the co- accused-(1). Harshdeep @ Arshdeep S/o Shri Kheta Singh, (2). Pradeep Singh S/o Shri Amar Pal Singh, and (3). Bharvindra Singh @ Bhupendra Singh S/o Shri Kuldeep Singh have already been enlarged on bail by a co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Application Nos.784/2022 and 783/2022 vide order dated 12.09.2022 and the case of present petitioner is not distinguishable from that of the co- accused. He further submits that the accused-petitioner is in (Downloaded on 11/05/2023 at 11:07:55 PM) [2023/RJJD/014805] (2 of 3) [CRLMB-5181/2023] judicial custody and the trial of the case will take sufficiently long time to conclude. Therefore, the benefit of bail should be granted to the accused-petitioner. For ready reference order dated 12.09.2022 is reproduced hereinbelow:-
"This anticipatory bail applications have been filed by the petitioners apprehending their arrest in connection with FIR No.541/2020, Police Station Sangaria, District Hanumangarh for the offences punishable under Sections 147, 148, 149, 323, 341, 325 and 326 of IPC.
Learned counsel for the petitioners submits that previously bail bonds were deposited by the petitioner before the Police. Now, the Police has added offence punishable under Section 326 of the IPC against the petitioner and want to arrest him. The petitioner has already joined the investigation. In such circumstances, no useful purpose would be served by sending the petitioners behind the bars for indefinite time. Therefore, the petitioners may be released on anticipatory bail. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for anticipatory bail. Heard the learned counsel for the parties and perused the impugned order.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C. Accordingly, the bail applications are allowed and it is directed that in the event of arrest of petitioners - (1) Harshdeep @ Arshdeep S/o Shri Kheta Singh, (2) Pradeep Singh S/o Shri Amar Pal Singh, (Bail Application No.784/2022) and (3) Bharvindra Singh @ Bhupendra Singh S/o Shri Kuldeep Singh (Bail Application No.783/2022), in connection with FIR No.541/2020, Police Station Sangaria, District Hanumangarh they shall be released on bail; provided each of them furnish a personal bond in the sum of Rs.1,00,000/- each along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-(Downloaded on 11/05/2023 at 11:07:55 PM)
[2023/RJJD/014805] (3 of 3) [CRLMB-5181/2023]
(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required
(ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and
(iii). that the petitioners shall not leave India without previous permission of the court."
Per contra, learned Public Prosecutor has opposed the bail application.
Heard.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused- petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Prithvi Singh S/o Sh. Gurcharan Singh shall be enlarged on bail in connection with FIR No.541/2020 registered at Police Station Sangaria, District Hanumangarh, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(KULDEEP MATHUR),J 183-KshamaD/-
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