Rajasthan High Court - Jodhpur
Vishal Bhai vs State Of Rajasthan on 10 July, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7947/2019
Vishal Bhai S/o Sh. Ashok Bhai, Aged About 24 Years, B/c Joshi,
R/o Ishwar Kripa Society, Block No. 3, House No. 80, Lambe
Hanuman Road, Varasa, Surat (Guj.) (At Present Lodged In Sub
Jail, Sumerpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sravan Sainee
For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 10/07/2019 Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No. 98/2019 of Police Station Sumerpur, District Pali for the offences punishable under Sections 307, 452, 384/120-B of IPC and under Section 3/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that after rejection of the first bail application of the petitioner, charge-sheet has been filed in the matter. It is argued that allegation against the petitioner is to the effect that he accompanied co-accused persons Surendra Singh, Sawai Singh alias Sonu and Dipak Joshi (Downloaded on 10/07/2019 at 11:15:59 PM) (2 of 2) [CRLMB-7947/2019] who have fired gun shot on the shop of Kamlesh. It is submitted that as per the charge-sheet, the petitioner along with co-accused persons had not entered into shop of the complainant and allegation of firing gun shot is not against the petitioner. It is further submitted that similarly situated persons namely Vijay Daya Bhai Kalsariya has already been enlarged on bail.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vishal Bhai S/o Sh. Ashok Bhai shall be released on bail in connection with FIR No. 98/2019 of Police Station Sumerpur, District Pali provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J 57-Taruna/-
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