Balveer Singh @ Bablu vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.23/2016 registered at Police Station Panchodi, District Nagaur for the offences under Sections 148, 353, 332, 307, 302, 216, 468 and 471 read with 149 IPC and Section 3 PDPP Act and Section 8/18 of the NDPS Act and 3/25 and 3/27 of the Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that co-accused Mahipal has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.01.2023, passed in S.B.CRLMB No.13430/2022. Learned counsel submitted that the petitioner has not been named in the FIR. It was urged that even the eye-witnesses (P.W.-4 and P.W.-5) who were present at the time of incident did not make any assertion about the petitioner’s presence at the scene. Learned counsel submitted that the petitioner is in judicial custody since 07.12.2017 and the trial of the case will take sufficiently long time inasmuch as out of 61 witnesses, only 14 witnesses have been examined so far.

On these grounds, he implored the court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor vehemently opposed the bail application. However, he was not in a position to refute the fact that co-accused – Mahipal has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.01.2023.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not distinguishable from that of above-named co-accused person who has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.01.2023. This Court also prima facie finds that the petitioner is in judicial custody since 07.12.2017 and out of 61 witnesses, only 14 witnesses have been examined so far. This Court without expressing any opinion on merits/demerits of the case deems it just and proper to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Balveer Singh @ Bablu S/o Nand Singh arrested in connection with F.I.R. No.23/2016 registered at Police Station Panchodi, District Nagaur shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.