Rajasthan High Court - Jodhpur
Devaji & Anr vs State on 24 October, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Bail No. 8971 / 2017
1. Devaji S/o Khatiya Meena
2. Vishram @ Visara S/o Khatiya Meena,
Both Are R/o Ghate Ki Nal, P.S. Bhungada, Distt. Banswara
(Raj.)
(At Present Lodged in Central Jail, Udaipur)
----Petitioners
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Arun Dadhich
For Respondent(s) : Mr. J.P. Bharwaj, P.P., for the State
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 24/10/2017 Accused petitioners have made this second attempt for seeking bail in connection with FIR No.69/17 of Police Station Jhalara, District Udaipur for offences punishable under Sections 457, 380/511 IPC.
The first bail application at the behest of petitioners was dismissed as not pressed.
Pressing this second bail application, it is submitted by learned counsel for the petitioners that now charge-sheet in the matter has been filed. It is also argued by learned counsel that no recovery is to be made from the petitioners. Lastly, learned counsel has submitted that the offences slapped against both the petitioners are triable by Magistrate.
(2 of 2) [CRLMB-8971/2017] Learned Public Prosecutor has vehemently opposed this second bail application of petitioners.
Having regard to the facts and circumstances of the case and taking into account the fact that after completion of investigation charge-sheet has been filed, therefore, there are very bleak or rather remotest chances of tampering with the witnesses by the petitioners, I deem it just and appropriate to grant indulgence to the petitioners by enlarging them on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners (1) Devaji S/o Khatiya Meena, and (2) Vishram @ Visara S/o Khatiya Meena, arrested in connection with F.I.R. No.69/17, Police Station Jhalara, District Udaipur, may be released on bail; provided each one of them furnishes a personal bond of Rs.50,000/- with two sureties of like amount 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. Bharti/83