Chandra Bhan And Ors vs State Of Rajasthan

S.B. Criminal Misc. Bail Application No. 7499/2020:-

Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

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. No.90/2020, Police Station Hanumangarh Town, District Hanumangarh for the offences under Sections 458, 323, 325, 307 & 143 of I.P.C. and under Section 3/25 of Arms Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the charge- sheet in the case has been filed. He further submits that the co- accused Prem Kumar, Gurpreet Singh @ Balkaran Singh have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 26.05.2020, 03.06.2020 respectively. The case of the present petitioner is not distinguishable from the case of the co-accused who have already been released on bail by the Court. He, therefore, prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes 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-Chandra Bhan S/o Prem Kumar arrested in connection with F.I.R. No.90/2020, Police Station Hanumangarh Town, District Hanumangarh 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 (3 of 4) [CRLMB-7499/2020] stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

S.B. Criminal Appeal (SB) No. 564/2020:-

Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The instant appeal has been filed under Section 14/14A(2) SC/ST Act, 1989, on behalf of the appellant, who is in custody in connection with F.I.R. No.90/2020, Police Station Hanumangarh Town, District Hanumangarh for the offences under Sections 458, 323, 325, 307 & 143 of I.P.C. and Section 3(1)(S), 3(2)(V), 3(2) (Va) of the SC/ST Act against the order dated 17.06.2020 passed by the Special Judge, SC/ST Court, Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record. It is submitted by learned counsel for the appellant that the charge-sheet in the case has been filed. He further submits that the co-accused Rajesh Kumar, Raku @ Rakesh, Jagmeet Singh have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 27.05.2020, 03.06.2020, respectively. The case of the present appellant is not distinguishable from the case of the co-accused who have already been released on bail by the Court. He, therefore, prays that the appellant may be enlarged on bail.

Thus, having regard to the entirety of facts and circumstances as available on record, upon a consideration of the arguments advanced and also the present situation of the country due to pandemic of corona virus (COVID-19), this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 17.06.2020 passed by the Special Judge, SC/ST Court, Hanumangarh is set aside. It is ordered that the accused- appellant- Ramesh Kumar S/o Papu @ Bhupram arrested in connection with F.I.R. No.90/2020, Police Station Hanumangarh Town, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and 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.