Bhawani Singh And Ors vs State Of Rajasthan-State, Through Pp

This application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.89/2020, Police Station Baap, District Jodhpur, for the offences under Sections 143, 341, 323, 342, 365, 330 and 355 IPC.

Mr. Singh argued that offences alleged against the petitioners are triable by the Magistrate and the petitioners are behind the bars since 11.04.2020. It is also submitted that the FIR, which has been lodged belatedly, is nothing but a counter blast to ward off the proceedings pursuant to the FIR filed by the petitioners.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioners (1) Bhawani Singh S/o Shri Sugan Singh; (2) Ganga Singh S/o Shri Bhakhar Singh; (3) Manoj Joshi S/o Shri Shankar Lal Joshi; (4) Swaroop Chand @ Swaroop S/o Lunkaran @ Lunaram and (5) Khet Singh S/o Shri Nag Singh, arrested in FIR No.89/2020, Police Station Baap, District Jodhpur shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioners shall be released on bail upon furnishing the personal bond. They may furnish requisite sureties by 28.05.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitionerd about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioners on bail.

Petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, they fail to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.