Devi Lal vs State Of Rajasthan

Kuldeep Mathur, J

The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.207/2012, registered at Police Station Kotwali Nimbahera, District Chittorgarh for offences punishable under Section 307 IPC and under Section 3/25 the Arms Act.

Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submits that co-accused person namely Shoeb Khan @ Shoeb Lala has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 07.02.2020 in S.B. Criminal Misc. Bail Application No.1281/2020. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused petitioner. For ready reference, the order dated 07.02.2020 is reproduced here-in-below:-

“The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.207/2012, Police Station Kotwali, Nimbahera, District Chittorgarh for the offences under Sections 143/307/34 of IPC and under Section 3/25 of Arms Act.

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

It is submitted by learned counsel for the petitioner that there is only allegation of firing in the air. No injury has been caused to anyone. The petitioner has been falsely implicated in the present case. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Shoeb Khan @ Shoeb Lala S/o Sh. Deran Khan arrested in connection with F.I.R. No.207/2012, Police Station Kotwali, Nimbahera, District Chittorgarh 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 stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.”

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

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 petitioner deserves to be accepted. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Devi Lal S/o Bheru Lal arrested in connection with FIR No.207/2012, registered at Police Station Kotwali Nimbahera, District Chittorgarh shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) 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.