Bhavishya Kumar vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.213/2021, Police Station Kotwali Sri Ganganagar, Distt. Sri Ganganagar for the offence under Sections 302, 396, 397, 34, 120-B of IPC and Section 27 of Arms Act.

Learned counsel for the petitioner submits that the name of the present petitioner was not mentioned in the FIR. He was also not found present in the CCTV footage obtained by the police. The only allegation against the present petitioner is that he made reki of the area surrounding the spot of incident prior to the incident. The allegation of using firearm is against main accused-Mohit. Challan of the case has already been presented and no investigation is pending. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Bhavishya Kumar S/o Banshi Lal Arora shall be enlarged on bail in FIR No.213/2021, Police Station Kotwali Sri Ganganagar, Distt. Sri Ganganagar provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.