Dinesh vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.35/2023, Police Station Boranada, Jodhpur City West for the offence under Sections 147, 148, 149, 307, 120-B IPC and Sections 5/27, 4/25 of Arms Act.

Learned counsel for the petitioner submits that in the statement of the injured, a specific averment has been made that four other co-accused shot and caused injuries to the injured. The petitioner was not present at the time of incident. Later on, the petitioner was implicated for offence under Section Section 120-B IPC. The petitioner is inside the jail since 18.06.2023 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submit that the injured has made specific averment against the present petitioner in his statement and chargesheet in this case is still to be filed. In these circumstances, bail may not be granted to the petitioner.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Dinesh S/o Shri Kishan Chand shall be enlarged on bail in FIR No.35/2023, Police Station Boranada, Jodhpur City West provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.