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Judgment
15 paragraphs · 721 wordsS.B. Criminal Misc. Bail Application No. 5325/2020
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.(C.R.) No.172/2019, Police Station Rajgarh, District Churu for the offence under Sections 302 & 120-B of IPC.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioner submits that the petitioner is employee of principal accused Satveer. He further submits that the allegation levelled against the present petitioner is almost on the same lines as against the co-accused Anand Singh. He submits that the case of the present petitioner is not distinguishable from the case of the co-accused Anand Singh who has been enlarged on bail by this Court vide order dated 06.02.2020. The charge-sheet in the case has been filed. The conclusion of trial will take sufficient long time, therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor as well as learned counsels for the complainant vehemently oppose the bail application.
Having regard to the peculiar facts and circumstances of the case 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 petitioner on bail.
Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner- Ajit Jangid S/o Shri Ganga Singh arrested in connection with F.I.R. No.172/2019, Police Station Rajgarh, District Churu shall be released on bail provided he 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.
S.B. Criminal Misc. Bail Application No. 6157/2020
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. (C.R.) No.172/2019, Police Station Rajgarh, District Churu for the offence under Sections 302 & 120-B of IPC and under Section 27 of Arms Act.
Heard learned counsel for the parties. Perused the material available on record.
In pursuance of the order dated 10.08.2020, Mr. Deepak Sharma, Additional Superintendent, Phalodi, I.O. is present before this Court.
Learned counsel for the petitioner submits that that charge- sheet in the case has been filed and the only allegation against the present petitioner is making the calls from his mobile phone to co- accused Sanjay and organizing the calling between Sampat and Sanjay Poonia.. He further submits that the petitioner was neither present on the spot nor has been assigned any injury in the present case. There is no enmity of the petitioner directly with the complainants. The conclusion of trial will take sufficient long time, therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor supported by learned counsels for the complainant opposes the bail application and are unable to counter the submissions made by the learned counsel for the petitioner and submits that there is no evidence on record showing the details of call of the petitioner with the other co- accused persons. He further submits that co-accused Ajit Jangid and Anand Pal Singh have been enlarged on bail and his case is not different from the co-accused persons who have already been enlarged on bail.
Having regard to the peculiar facts and circumstances of the case 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 petitioner on bail.
Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Bilkupal S/o Harfool Singh arrested in connection with F.I.R. No.172/2019, Police Station Rajgarh, District Churu shall be released on bail provided he 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.