Rajasthan High Court - Jodhpur
Umesh Kumar vs State on 22 October, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12143/2020
Umesh Kumar S/o Sh. Ratan Lal, Aged About 27 Years, R/o P.s.
Dovra, District Dungarpur. (Presently Lodged At Sub Jail,
Sagwara, Distt. Dungarpur).
----Petitioner
Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 11483/2020
1. Kari Lal S/o Vala Ji, Aged About 50 Years, R/o Bhuwali
Police Thana Bichiwada Distt. Dungarpur . (At Present At
Distt. Jail Dungarpur)
2. Mukesh S/o Jeewa Ji, Aged About 26 Years, R/o Bhuwali
Police Thana Bichiwada Distt. Dungarpur . (At Present At
Distt. Jail Dungarpur)
3. Ram Lal S/o Veer Ji, Aged About 38 Years, R/o Bhuwali
Police Thana Bichiwada Distt. Dungarpur . (At Present At
Distt. Jail Dungarpur)
4. Girdhari Lal S/o Lemba Ji, Aged About 40 Years, R/o
Bhuwali Police Thana Bichiwada Distt. Dungarpur . (At
Present At Distt. Jail Dungarpur)
5. Chetan Lal S/o Babu Lal, Aged About 20 Years, R/o
Bhuwali Police Thana Bichiwada Distt. Dungarpur . (At
Present At Distt. Jail Dungarpur)
6. Kalu S/o Dhana, Aged About 50 Years, R/o Bhuwali Police
Thana Bichiwada Distt. Dungarpur . (At Present At Distt.
Jail Dungarpur)
7. Narayan S/o Shankar, Aged About 20 Years, R/o Bhuwali
Police Thana Bichiwada Distt. Dungarpur . (At Present At
Distt. Jail Dungarpur)
----Petitioners
Versus
State, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11484/2020
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1. Basat S/o Shri Roopchand, Aged About 24 Years, R/o
Moradi , Fala Bheravji Chitari , P.s. Chitari , Distt.
Dungarpur (Raj.) (Presently Lodged At Distt. Jail
Dungarpur)
2. Vinod S/o Shri Somalal, Aged About 25 Years, R/o Moradi ,
Fala Bheravji Chitari , P.s. Chitari , Distt. Dungarpur (Raj.)
(Presently Lodged At Distt. Jail Dungarpur)
----Petitioners
Versus
State, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11855/2020
Mahendra S/o Nanak Chand, Aged About 19 Years, R/o Jhala
Thana Phalasiya District Udaipur. (At Present Lodged In Dist. Jail,
Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11856/2020
Ajay Kumar S/o Hira Lal, Aged About 22 Years, Profession
Student R/o Pal Police Thana Sadar Dungarpur District
Dungarpur. (At Present At Dist. Jail, Dungarpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11857/2020
Sangram S/o Amritlal, Aged About 35 Years, R/o Pal Vada, P.s.
Sadar Dungarpur, District Dungarpur. (At Present Lodged In
District Jail, Dungarpur).
----Petitioner
Versus
State, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11858/2020
1. Pawan Kumar S/o Nanu Ram, Aged About 27 Years, R/o
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(3 of 7) [CRLMB-12143/2020]
Borved Police Thana Varda District Dungarpur. (At Present
At Dist. Jail, Dungarpur).
2. Amit S/o Laxman, Aged About 26 Years, R/o Vada Pal
Police Thana Sadar Dungarpur District Dungarpur. (At
Present At Dist. Jail Dungarpur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 11860/2020
1. Pratap Singh S/o Keshu Lal, Aged About 30 Years, R/o
Bhachadiya, Dhambola Police Station, District Dungarpur.
(Lodged In District Jail, Dungarpur).
2. Ishwar Lal S/o Nana, Aged About 22 Years, R/o
Bhachadiya, Dhambola Police Station, District Dungarpur.
(Lodged In District Jail, Dungarpur).
----Petitioners
Versus
State, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 12144/2020
1. Rohit S/o Phool Shankar, Aged About 19 Years, R/o
Mathugamara Falan Gadat, P.s. Sadar, Dist. Dungarpur.
(Lodged In District Jail, Dungarpur).
2. Nathu Lal S/o Vishnu, Aged About 20 Years, R/o Kankari
Doongari, P.s. Dovada, Dist. Dungarpur. (Lodged In District
Jail, Dungarpur).
3. Naresh S/o Ramesh, Aged About 19 Years, R/o
Mathugamara Falan Gadat, P.s. Sadar, Dist. Dungarpur.
(Lodged In District Jail, Dungarpur)
4. Praveen Kumar S/o Dungar Lal, Aged About 19 Years, R/o
Mathugamara Falan Gadat, P.s. Sadar, Dist. Dungarpur.
(Lodged In District Jail, Dungarpur)
5. Pankaj S/o Dungar Lal, Aged About 24 Years, R/o
Mathugamara Falan Gadat, P.s. Sadar, District Dungarpur.
(Lodged In District Jail, Dungarpur).
----Petitioners
Versus
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(4 of 7) [CRLMB-12143/2020]
State, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 12145/2020
1. Prakash Chandra S/o Shanti Lal, Aged About 27 Years, R/o
Malmatha (At Present At Dist. Jail, Dungarpur).
2. Shanti Lal S/o Hira Lal, Aged About 48 Years, R/o
Malmatha Police Thana Bichiwada District Dungarpur. (At
Present At Dist. Jail, Dungarpur).
----Petitioners
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Vipin Makkad |
Mr. Jitendra Ojha |
Mr. JVS Deora |
Mr. Abhishek Mehta |on VC
Mr. Surendra Singh |
Mr. Manoj Pareek |
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Sumer Singh Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 22/10/2020 In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts. In Bail Applications No. 12143/2020, 11483/2020, 11484/2020, 11855/2020, 11856/2020, 11857/2020, 11858/2020, 11860/2020, 12145/2020:
This Court perused the material available on record. The petitioners have been arrested in FIR No.197/2020 of Police Station Sadar, District Dungarpur for the offences (Downloaded on 23/10/2020 at 08:36:05 PM) (5 of 7) [CRLMB-12143/2020] punishable under Sections 147, 148, 149, 341, 323, 332, 353, 394, 435, 188, 269, 270, 283, 384, 336, 120B of IPC, Section 3 of PDPP Act, Section 8, 8B of National Highway Authority Act and Section 51, 3 of Disaster Management Act. They have preferred these bail applications under Section 439 Cr.P.C.
Learned Public Prosecutors have opposed the bail applications.
Looking into the peculiar facts and circumstances of the case, in which, the agitation happened, it is unfortunate that the public property and law and order was taken by the accused petitioners into their own hands, but since they have already suffered custody since 24.09.2020 and no specific roles have been attributed to them, therefore, continuance of their custody at this stage is not warranted.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Umesh Kumar S/o Sh. Ratan Lal, (2) Kari Lal S/o Vala Ji, (3) Mukesh S/o Jeewa Ji, (4) Ram Lal S/o Veer Ji, (5) Girdhari Lal S/o Lemba Ji, (6) Chetan Lal S/o Babu Lal, (7) Kalu S/o Dhana, (8) Narayan S/o Shankar, (9) Basat S/o Shri Roopchand, (10) Vinod S/o Shri Somalal, (11) Mahendra S/o Nanak Chand, (12) Ajay Kumar S/o Hira Lal, (13) Sangram S/o Amritlal, (14) Pawan Kumar S/o Nanu Ram, (Downloaded on 23/10/2020 at 08:36:05 PM) (6 of 7) [CRLMB-12143/2020] (15) Amit S/o Laxman, (16) Pratap Singh S/o Keshu Lal, (17) Ishwar Lal S/o Nana, (18) Prakash Chandra S/o Shanti Lal and (19) Shanti Lal S/o Hira Lal shall be released on bail in connection with FIR No.197/2020 of Police Station Sadar, District Dungarpur provided each of them execute 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
However, during further investigation, if any particular role of destroying the government property is established by help of any kind of CCTV footage or any kind of recording is made out or substantial proof of any direct involvement of particular persons with specific attributes is made out, the prosecution shall be free to apply for cancellation of bail of the petitioners. Any direct role of the petitioners in causing injury to law and order machinery shall also entitle the prosecution to apply for cancellation of bail. In Bail Application No. 12144/2020:
The petitioners have been arrested in FIR No.197/2020 of Police Station Sadar, District Dungarpur for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 353, 394, 435, 188, 269, 270, 384, 336, 120B of IPC, Section 3 of PDPP Act, Section 8B of National Highway Authority Act and Section 51 of Disaster Management Act.
On a careful perusal of the case diary, it is clear that all these five petitioners have been attributed role in the crime (Downloaded on 23/10/2020 at 08:36:05 PM) (7 of 7) [CRLMB-12143/2020] directly.
In light of the above, this Court is not inclined to grant bail to the petitioners.
Consequently, the bail application No.12144/2020 is dismissed with liberty to the petitioners to approach this Court again after filing of charge sheet.
(DR. PUSHPENDRA SINGH BHATI),J 47-56 Zeeshan/-
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