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Rajasthan High Court - Jaipur

Lokesh S/O Govind Singh vs State Of Rajasthan on 5 August, 2021

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 12528/2021

Lokesh S/o Govind Singh, R/o Nagala Chhatari Pingora PS
Lakhanpur Dist. Bharatpur Raj.(Presently Confined In Central Jail
Sevar Bharatpur)
                                                        ----Accused/Petitioner
                                   Versus
State of Rajasthan, through PP
                                                                 ----Respondent

For Petitioner(s) : Mr. Chain Singh Rathore For Respondent(s) : Mr. Ramesh Choudhary, P.P. For Complainant Mr. Anurodh Chaturvedi HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 05/08/2021 The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.309/2020 registered at Police Station Lakhanpur District Bharatpur for the offence(s) under Section(s) 143, 323, 341 & 354 of IPC and later on for the offences under Sections 147, 148, 149, 323, 34, 307, 325 & 326 of IPC.

It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. He submitted that the petitioner is in custody since 07.07.2021, investigation as against him is complete, charge-sheet has already been filed, trial of the case will take time, he has no criminal antecedents, similarly situated co-accused persons have already been extended benefit of bail by this Court and prayed for his release on bail. (Downloaded on 05/08/2021 at 10:23:40 PM)

(2 of 2) [CRLMB-12528/2021] Learned Public Prosecutor assisted by learned counsel for the complainant submitted that charge-sheet against the petitioner was filed under Section 299 IPC and he came to be arrested in furtherance of standing warrant and hence, he does not deserve indulgence of bail. However, they did not dispute that case of the petitioner is not distinguishable from the case of the co-accused persons who have already been extended benefit of bail by this Court.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against him, his length of custody, absence of criminal antecedents, filing of charge-sheet, the material contained therein and especially the fact that similarly situated co-accused persons have already been extended benefit of bail by this Court; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Lokesh S/o Govind Singh shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J Manish/136 (Downloaded on 05/08/2021 at 10:23:40 PM) Powered by TCPDF (www.tcpdf.org)