Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan on 5 November, 2020
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12431/2020
Rupendrs @ Bhupendra S/o Sewa Ji, Aged About 26 Years, R/o
Sulai Pagara P.s. Dovada Distt. Dungarpur (Raj.).
(At Present Lodged In District Jail, Dungarpur).
----Petitioner
Versus
State of Rajasthan
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 11515/2020
1. Bheru Lal S/o Mani Lal, Aged About 20 Years, R/o. Dovda
Police Thana Dovada, District Dungarpur.
2. Jayanti S/o Nana, Aged About 35 Years, R/o. Ghodi Amli,
Police Thana Dovada, District Dungarpur.
(At Present Lodged At Dist. Jail Dungarpur)
----Petitioners
Versus
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11861/2020
Prakash S/o Arjun, Aged About 22 Years, R/o. Lapiya Police
Thana, Aaspur, District Dungarpur.
(At Present Lodged At Dist. Jail Dungarpur).
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11865/2020
1. Girish S/o Shri Amrit Lal, Aged About 20 Years, R/o. Dowda
Fala, Kankri, Dungari, Police Station Dowda, District Dungarpur.
2. Pankaj S/o Shri Kaliya, Aged About 24 Years, R/o. Mowai
Fala, Gham Khota, Police Station Dowda, District Dungarpur.
3. Yogesh S/o Shri Shankar, Aged About 20 Years, R/o. Sulai
Kherwada, Fala Katara, Police Station Dowda, District Dungarpur.
4. Santosh S/o Shri Shankar, Aged About 20 Years, R/o. Sulai
Kherwada, Fala, Katara, Police Station Dowda, District
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Dungarpur.
5. Kishan S/o Shri Virmal, Aged About 25 Years, R/o. Ransagar
Fala, Pacchor, Police Station Dowda, District Dungarpur.
6. Shankar S/o Shri Amra, Aged About 30 Years, R/o. Ransagar,
Fala Pacchor, Police Station Dowda, District Dungarpur.
7. Prakash @ Pappu S/o Shri Ramesh, Aged About 22 Years,
R/o. Ransagar, Fala Pacchor, Police Station Dowda, District
Dungarpur.
8. Premkumar S/o Shri Daya Lal, Aged About 27 Years, R/o.
Damadi, Police Station Dowda, District Dungarpur.
9. Narayan Lal S/o Shri Daya Lal, Aged About 32 Years, R/o.
Damadi, Police Station Dowda, District Dungarpur.
(At present lodged in District Jail, Dungarpur)
----Petitioners
Versus
State Of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11867/2020
1. Ishwar S/o Ganesh, Aged About 20 Years, R/o. Pagara Falan
Bhagela, Police Station Dovada, Dist. Dungarpur.
2. Jeewa S/o Jhalama, Aged About 29 Years, R/o. Pagara Falan
Ghatiyadara, Police Station Dovada, Dist. Dungarpur.
(Lodged In District Jail Dungarpur).
----Petitioners
Versus
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 12205/2020
Jayanti Lal S/o Jag Ji, Aged About 40 Years, R/o Kheda
Kachawasa Police Thana Sadar Dungarpur District Dungarpur.
(At Present At Dist. Jail, Dungarpur)
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 12207/2020
Ganesh S/o Shri Ramesh, Aged About 22 Years, R/o Sawgarh
Fala, Sawlana, Police Station Dowda, Dsitrict Dungarpur
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(Presently Lodged In District Jail, Dungarpur).
----Petitioner
Versus
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 12210/2020
1. Mani Lal S/o Bapu Lal, Aged About 25 Years, R/o Pagara Falan
Hagada, Police Station Dovada, Dist. Dungarpur.
2. Paresh @ Prins S/o Heera, Aged About 30 Years, R/o
Batikada, Police Station Dovada, Dist. Dungarpur.
3. Suresh S/o Kalu Ram, Aged About 19 Years, R/o Sulai Pagara
Falan, Police Station Dovada, Dist. Dungarpur.
4. Suresh S/o Arjun, Aged About 19 Years, R/o Sulai Kherwara
Roda, Police Station Dovada, Dist. Dungarpur.
(All are Lodged In District Jail, Dungarpur).
----Petitioners
Versus
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 12433/2020
Ramesh S/o Ganga Ram, Aged About 24 Years, R/o Dhavdi Phala
Moth Police Thana Dovada District Dungarpur.
(At Present At Dist. Jail Dungarpur).
----Petitioner
Versus
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 12436/2020
Mukesh S/o Kam Ji, Aged About 30 Years, R/o Pantli Phala Phuti
Talai Police Thana Dovada District Dungarpur.
(At Present At Dist. Jail, Dungarpur).
----Petitioner
Versus
State of Rajasthan
----Respondent
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For Petitioner(s) : Mr. Anuj Sahlot,
Mr. Jitendra Ojha,
Mr. Deepak Menaria,
Mr. Manoj Kumar Pareek,
Mr. Ranjeet Singh Chouhan,
For Respondent(s) : Mr. Laxman Solanki,PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 05/11/2020 All the above mentioned bail applications shall stand decided by this common order as they arise out of same FIR.
The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.252/2020, Police Station Dovada, District Dungarpur for the offences under Sections 147, 148, 149, 341, 394, 436, 284, 269, 270, 283, 336 & 120-B of I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.12431/2020), under Sections 147, 148, 149, 341, 436, 394, 384, 284, 269, 270, 283, 336 of the I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.11515/2020), under Sections 147, 148, 149, 341, 394, 436, 384, 284, 269, 270, 283, 336 & 120-B of the I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.11861/2020), under Sections 147, 148, 149, 341, 394, 384, 284, 269, 270, 283 & 336 of the I.P.C. and under Section 3 of P.D.P.P. Act (In Criminal Misc. Bail Application No.11865/2020), under Sections 147, 148, 149, 341, 436, 394, 284, 269, 270, 283, 336 of the I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.11867/2020), under Sections (Downloaded on 05/11/2020 at 08:49:29 PM) (5 of 7) [CRLMB-12431/2020 a/w connected nmatters] 147, 148, 149, 341, 394, 436, 384, 284, 269, 270, 283, 336, 120-B of the I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.12205/2020), under Sections 147, 148, 149, 341, 394, 436, 284, 269, 270, 283, 336 & 120-B of the I.P.C. and under Section 3 of P.D.P.P. Act (In Criminal Misc. Bail Application No.12207/2020), under Sections 147, 148, 149, 341, 394, 436, 284, 269, 270, 383, 336, 120-B of the I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.12210/2020), under Sections 147, 148, 149, 341, 394, 436, 284, 269, 270, 283, 336, 120-B of the I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.12433/2020), under Sections 147, 148, 149, 341, 394, 436, 284, 269, 270, 283, 336, 120-B of the I.P.C. and under Section 3 of the P.D.P.P. Act (In Criminal Misc. Bail Application No.12436/2020).
Heard learned counsel for the parties. Perused the material available on record.
Learned counsels for the petitioners submit that in the identical circumstances, number of F.I.R.s were registered in which the similarly situated the co-accused persons namely Ashok, Mani Lal, Banshi Lal, Paresh @ Prins, Suresh, Mayank, Sanjay, Rajendra & Umesh Kumar have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 14.10.2020, 23.10.2020 & 22.10.2020 respectively & the other co-accused persons namely Mohan Lal, Mani Lal, Banshi, Jeeva, Jagdish, Vinod Kumar, Gaurav, Arvind, Jagdish, Suryaprakash, Nitesh & Dany have already been enlarged on bail by this Court vide order (Downloaded on 05/11/2020 at 08:49:29 PM) (6 of 7) [CRLMB-12431/2020 a/w connected nmatters] dated 03.11.2020 and the case of the present petitioners are not distinguishable from the case of the co-accused persons who have already been released on bail by this Court. They therefore, pray that the petitioners may be enlarged on bail.
The learned Public Prosecutor opposes the bail applications but he is unable to distinguish the case of the present petitioners vis-a-vis the case of the co-accused persons who have been enlarged on bail.
Having regard to the peculiar facts and circumstances of the case and the fact that case of the petitioners is identical to the co- accused persons, who have been enlarged on bail by this Court as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail.
Consequently, the present bail applications filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accused- petitioners - (1)Rupendrs @ Bhupendra S/o. Sewa Ji, (2)Bheru Lal S/o. Mani Lal, (3)Jayanti S/o. Nana, (4)Prakash S/o. Arjun, (5)Girish S/o. Shri Amrit Lal, (6)Pankaj S/o. Shri Kaliya, (7)Yogesh S/o. Shri Shankar, (8)Santosh S/o. Shri Shankar, (9)Kishan S/o.Shri Virmal, (10)Shankar S/o. Shri Amra, (11)Prakash @ Pappu S/o. Shri Ramesh, (12)Premkumar S/o. Shri Daya Lal, (13)Narayan Lal S/o. Shri Daya Lal, (14)Ishwar S/o. Ganesh, (15)Jeewa S/o. Jhalama, (16)Jayanti Lal S/o. Jag Ji, (17)Ganesh S/o. Shri Ramesh, (18)Mani Lal S/o. Bapu Lal, (19)Paresh @ Prins S/o. Heera, (20)Suresh S/o. Kalu (Downloaded on 05/11/2020 at 08:49:29 PM) (7 of 7) [CRLMB-12431/2020 a/w connected nmatters] Ram, (21)Suresh S/o. Arjun, (22)Ramesh S/o. Ganga Ram, (23)Mukesh S/o. Kam Ji arrested in connection with F.I.R. No.252/2020, Police Station Dovada, District Dungarpur shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.
(VINIT KUMAR MATHUR),J 78-87 SunilS/-
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