Arvind And Others vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.323/2021 registered at Police Station Sajjangarh, District Banswara, for the offences punishable under Sections 341, 323 and 302/34 IPC.

Heard learned counsel for the petitioners as also the learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioners submitted that similarly situated co-accused Ashwin has already been enlarged on bail by the coordinate Bench of this Court vide order dated 04.01.2023 passed in S.B. Criminal Misc. 2nd Bail Application No.14487/2022. Learned counsel for the petitioners further submits that the case of the petitioners is not distinguishable with that of the case of co-accused Ashwin and Lalji who has also been enlarged on bail by this Court vide order dated 10.04.2023 passed in S.B. Criminal Misc. Bail Application No.1121/2023. For ready reference, the order dated 04.01.2023 is reproduced here-in-below:-

“The petitioner has been arrested in connection with FIR No.323/2021 of Police Station Sajjangarh, Distt. Banswara for the offence punishable under Sections 341, 323 and 302/34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C. The first bail application was dismissed as not pressed on 05.03.2022 with liberty to file afresh after filing recording the statement of Lal Singh and Vijay Pal.

Counsel for the petitioner submits that now Lal Singh (PW/2) and Vijay Pal (PW/3) have been examined before the trial Court and as per their statement, no specific allegation has been levelled against the present petitioner. Counsel further submits that both the witnesses stated that the accused came and only gave fist blows. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ashwin S/o Shri Punjalal Garasiya, shall be released on bail in connection with FIR No.323/2021 of Police Station Sajjangarh, Distt. Banswara provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.”

Learned counsel further submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioners.

On the contrary, learned Public Prosecutor has vehemently opposed the bail application of the accused-petitioners.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Arvind S/o Sh. Jitmal and (2) Jaggu @ Jagdish S/o Sh. Ravji arrested in connection with FIR No.323/2021, registered at Police Station Sajjangarh, District Banswara shall be enlarged on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.