Dharmendra Singh And Ors vs State, Through Pp

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.421/2019, Police Station Makrana, District Nagaur, for the offences under Sections 147, 148, 149, 323, 307 of IPC and Section 3/25 of Arms Act.

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

Learned counsel for the petitioners at the outset submits that the allegation of firing with firearm is on the petitioner No.2-Bhupendra Singh @ Pintu, and therefore, he does not want to press the present bail application qua the petitioner No.2 Bhupendra Singh @ Pintu at this stage.

Accordingly, the bail application qua the petitioner No.2 Bhupendra Singh @ Pintu is dismissed as not pressed at this stage.

So far as the petitioner No.1 is concerned, it is submitted by learned counsel for the petitioners that the allegation of firing with firearm is not against the petitioner No.1. He further submits that co-accused Jai Singh has already been enlarged on bail by this Court vide order dated 04/12/2019. The case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court. Therefore, it is prayed that the petitioner No.1 may be enlarged on bail.

The learned Public Prosecutor opposes the bail but he is unable to distinguish the case of the present petitioner No.1 vis-a-vis the case of the co-accused person who has been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner No.1 is identical to co-accused aforesaid who haS been enlarged on bail by this Court, this Court is of the opinion that the bail application filed by the petitioner No.1 deserves to be accepted.

Consequently, the bail application qua the petitioner No.1 is allowed. It is ordered that the accused-petitioner Dharmendra Singh S/o Shri Mahipal Singh @ Mahipat Singh arrested in connection with F.I.R. No. 421/2019, Police Station Makrana, District Nagaur 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.