Rajasthan High Court - Jodhpur
Sandeep @ Sachin vs State Of Rajasthan on 25 May, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6607/2021
Sandeep @ Sachin S/o Shri Shivdatt, Aged About 29 Years, R/o
Dutranwali, Dist. Abohar, PS Bhawwala, Punjab (Petitioner
Presently In Judicial Custody, Confined In High Security Central
Jail Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi (through VC)
For Respondent(s) : Mr. M. S. Bishnoi, PP.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 25/05/2021 Heard learned counsel for the parties. Perused the material available on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No.469/2016, Police Station Nokha, District Bikaner, for the offences under Sections 279, 307/34 of IPC, 3/25 of Arms Act and Section 3 of Prevention of Damage to Public Property Act.
Learned counsel for the applicant submits that similarly placed co-accused have been granted bail by a Co-ordinate Bench of this Court in Baldev Singh v. State of Rajasthan in S.B. Criminal Misc. IInd Bail Application No.13021/2018 on 09.01.2019 & Naveen v. State of Rajasthan in S.B. Criminal Misc. Bail Application No.4130/2019 on 12.04.2019 and that the applicant is in custody since 02.09.2016 i.e. for over 4½ years and the trial is likely to (Downloaded on 29/05/2021 at 08:16:18 PM) (2 of 2) [CRLMB-6607/2021] take time as only one witness has been examined so far and, therefore, the applicant may be enlarged on bail.
Learned Public Prosecutor opposed the bail application. In the circumstances of the case, wherein, two co-accused have already been enlarged on bail by a Co-ordinate Bench of this Court and the fact that applicant has been in custody for over 4½ years, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-applicant - Sandeep @ Sachin S/o Shri Shivdatt, arrested in connection with FIR No.469/2016, Police Station Nokha, District Bikaner, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.
(ARUN BHANSALI),J 14-Sachin/-
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