Dharmendra Yadav@dharmendra Roy vs State Of Rajasthan

Heard counsel for the petitioner through video conferencing.

Petitioner has filed this bail application under Section 439 of Cr.P.C.

F.I.R. No.515/2012 was registered at Police Station Kotwali, Dausa for offence under Sections 341, 397, 302/34 of I.P.C. and 3/25 of Arms Act

but later on Section 396 of IPC and 5/27 of Arms Act also added.

It is contended by counsel for the petitioner that the incident took place on 28.09.2012. As per the statement of the independent witnesses, two

persons attacked the deceased and snatched his bag and fired at him. One of the accused was seen by the witness. It is also contended that as many

as four persons have been identified by the witness. Three were identified in April, 2015. Petitioner has been identified in December, 2018. The

witness who witnessed the incident was a child aged 14 years at the time of alleged incident.

Learned Public Prosecutor along with Investigating Officer have opposed the bail application. It is contended that recovery of Rs.1,90,000/- have

been effected from the petitioner.

I have considered the contentions.

Taking note of the fact that incident is of year 2012. Recovery after a lapse of five and a half years cannot be connected with the alleged incident,

also considering the contentions put forth by counsel for the petitioner and without commenting on merits of the case, I deem it proper to allow the bail

application.

This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond

in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all

subsequent dates of hearing and as and when called upon to do so.