Rajasthan High Court - Jodhpur
Prakash vs State on 13 October, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11511/2020
Prakash S/o Shri Dana Jat, Aged About 26 Years, R/o
Mundiyagarh, P.S. Renwal, Distt. Jaipur (Rural).
(Presently Lodged In Distt. Jail, Rajsamand)
----Petitioner
Versus
State of Raj., Through P.P.
----Respondent
For Petitioner(s) : Mr. A.K Babel, through Jitsi Meet App
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 13/10/2020 Taking into consideration the rise to COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 177/2019, Police Station Amet, District Rajsamand, registered for the offence under Sections 147, 148, 149, 307 and 353 of the Indian Penal Code and under Section 25 of Arms Act.
Learned counsel for the petitioner appearing through video calling stated that as per copy of remand papers submitted by him, no recovery or investigation is pending against the petitioner; benefit of bail has already been granted by a co-ordinate bench of this Court to the main accused Sunil; charge-sheet has been filed (Downloaded on 13/10/2020 at 08:40:20 PM) (2 of 2) [CRLMB-11511/2020] and that the trial will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application of the accused-petitioner.
Heard and considered the arguments advanced by the learned counsel for the petitioner appearing through Jitsi Meet App and learned Public Prosecutor present in-person. Perused the material available on record.
Having regard to the facts and circumstances of the case, particularly to the fact that benefit of bail has already been granted to the main accused Sunil by a co-ordinate bench of this Court vide order dated 14.05.2020 (Bail Application No. 3299/2020) 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 petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Prakash S/o Shri Dana Jat, arrested in connection with F.I.R. No. 177/2019, Police Station Amet, District Rajsamand, shall be released on bail provided he furnishes 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 13-akshay/-
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