Harish Chauhan @ Juggan vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

Contention of learned Counsel for Petitioner is that though Petitioner has been made accused with other two co-accused for offence under Sections 341 and 394/34 of the IPC on recovery of one thousand rupees and one motorcycle. Bail has been denied to Petitioner by learned court below because other accused, namely, Deependra Singh @ Kaushal had 12 cases, Vinod Sharma @ Kailash had 11 cases and Bahadur Singh @ Bahadur had 8 cases against them. As per details furnished with challan papers, no other case has been registered against Petitioner. This is first case in which he has been made accused. Petitioner should be given an opportunity to reform himself and that he would undertake not to indulge in any offence in future and would maintain good conduct while on bail. Trial may take a long.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-Petitioner, namely, Harish Chauhan @ Juggan Son of Shri Kripal Singh, Resident of 2-A-45, Sanjay Nagar, Police Station Vigyan Nagar, Kota (presently confined in Central Jail, Kota) be released on bail u/s 439 Code of Criminal Procedure, in FIR No. 712/2010, Police Station Gumanpura, Kota, under Sections 341 and 394/34 of the IPC, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case it is found that any other criminal case is pending against Petitioner and that misstatement has been made about his whereabouts or non-registration of any other criminal case or any new case in future is registered against him, the bail so granted to him by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial court and stipulation to this effect shall be inserted in bail bonds produced by Petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.

The bail application stands disposed of.