Mahaveer Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.66/2023 registered at Police Station Rajaldesar, District Churu, for offences under Sections 420, 406, 409 and 120B IPC.

Learned Public Prosecutor has placed on record a copy of report dated 21.09.2023 as per which, service upon respondent NO.2 has been effected, however, no one has appeared on his behalf.

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

At the outset, learned counsel for the petitioner submitted that co-accused Sandeep Ram (S.B. Cr. Misc. Bail Application No.7455/2023) and Tejveer (S.B. Cr. Misc. Bail Application No.11161/2023) have already been enlarged on bail by coordinate Bench of this Court vide orders dated 20.06.2023 and 05.09.2023 and the case of the present petitioner is not distinguishable from that of above named co-accused persons. Learned counsel further submitted that the offences alleged to have been committed by the petitioner are triable by court of Magistrate. The trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that co-accused Sandeep Ram and Tejveer have already already been enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case so also the fact that the case of the present petitioner is not distinguishable from that of co-accused Sandeep Ram and Tejveer who have already been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mahaveer Singh S/o Bhawani Singh arrested in connection with F.I.R. No.66/2023 registered at Police Station Rajaldesar, District Churu, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.