Harish Prajapat And Ors vs State

S.B. Criminal Misc. Bail Application No. 7161/2020

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.206/2017, Police Station Sardarpura, Jodhpur for the offence under Section 302/120-B of IPC and under Section 3/25 of Arms Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that petitioner is not connected in the present case even remotely, as the petitioner has gone at the place of incident to take the money from Vinod. He further submits that merely the presence of the petitioner at the place of incident will have no bearing in connecting the present petitioner with the offence alleged.

Per contra, the learned Public Prosecutor submits that there are call details between the petitioner and the principal accused. The motorcycle on which the Reiki is said to have been done also belongs to the petitioner and the presence of the petitioner is found at the time of the incident.

Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.

Accordingly, the present bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed at this stage. S.B. Criminal Misc. Bail Application No. 2191/2020 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. 206/2017, Police Station Sardarpura, Jodhpur for the offence under Sections 302/120-B & 212 of IPC.

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

It is submitted on behalf of the petitioner that the case of the present petitioner is identical to the case of the co-accused Nathu Ram and Amanpreet who have already been granted bail by the coordinate Bench of this Court and the case of the present petitioner is not distinguishable from the case of the co-accused who have already been released on bail.

The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have 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 is identical to co- accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Khimanshu Gehlot S/o Shri Dharmendra arrested in connection with F.I.R. No. 206/2017, Police Station Sardarpura, Jodhpur, 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.

S.B. Criminal Misc. 2nd Bail Application No. 6919/2020

Learned counsel for the petitioner submits that he does not want to press the present second bail application under Section 439 Cr.P.C. on behalf of the petitioner at this stage.

Accordingly the present secobnd bail application is dismissed as not pressed.