Rajasthan High Court - Jodhpur
Dilip vs State on 9 September, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application No. 9698/2020
1. Dilip S/o Sohanlal, Aged About 24 Years, R/o Tadawada,
Solankiyan, P.s. Charbhuja, Dist. Rajsamand (Raj.).
(Lodged In District Jail, Rajsamand).
2. Mukesh S/o Narayanlal, Aged About 29 Years, R/o
Tadawada, Solankiyan, P.s. Charbhuja, Dist. Rajsamand
(Raj.). (Lodged In District Jail, Rajsamand).
----Petitioners
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. A.R Choudhary, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 09/09/2020 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 62/2020, Police Station Delwada, District Rajsamand, registered for the offences under Sections 395, 365 and 412 of the Indian Penal Code.
Learned counsel for the petitioners stated that offences are triable by First-Class Magistrate; that benefit of bail has already been granted by this Court to the co-accused Sanjay Kumar. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may also be granted to the petitioners.
Learned Public Prosecutor has opposed the bail application and requested that case diary and antecedents may be called for of the accused-petitioners.
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(2 of 2) [CRLMB-9698/2020] Learned counsel for the petitioner stated, at bar, that no other case is pending against the petitioners.
Heard and considered the arguments advanced by the learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Having regard to the facts and circumstances of the case, particularly to the fact that the benefit of bail has already been granted to the co-accused Sanjay Kumar vide order dated 02.09.2020 by this Court in S.B Criminal Misc. Bail Application No.8904/2020 from whose custody 36 tonnes of iron rods were recovered; offences are triable by First-Class Magistrate and the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Dilip S/o Sohanlal and (2) Mukesh S/o Narayanlal, arrested in connection with F.I.R. No. 62/2020, Police Station Delwada, District Rajsamand, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each 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.
(DEVENDRA KACHHAWAHA),J 23-akshay/-
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