Mukesh Sevda And Ors vs State Of Rajasthan

The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 75/2020

registered at Police Station Dhod, District Sikar for the offence under Section(s) 307, 395 of IPC & Section 3/25 of Arms Act and later on for the

offence under Section(s) 147, 148, 149, 325, 427, 460, 307, 395, 397 of IPC & Section 9/25 of Arms Act.

It is contended by the learned counsels for the petitioners that they are not named in the FIR and the statements of prosecution witnesses recorded

under Section 161 Cr.P.C. contain omnibus allegations against them. They submitted that co- accused Sunil Kumar Kudi named in the FIR, has been

extended benefit of bail by a co-ordinate Bench of this Court vide order dated 24.11.2020. They submitted that the petitioners are in custody since

14.10.2020 and 30.10.2020 respectively, charge sheet has been filed, trial of the case will take time, they have no criminal antecedents and prayed for

their release on bail.

Learned Public Prosecutor has opposed these bail applications.

Taking into consideration the submissions advanced by learned counsels for the petitioners, the nature of allegations against them, their length of

custody, filing of charge sheet, release of co-accused person on bail by a co-ordinate Bench of this Court and especially absence of criminal

antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail.

Accordingly, these bail applications are allowed and it is directed that accused-petitioners 1. Mukesh Sevda S/o Sh. Mohan Ram and 2. Pradeep Singh

@ Rathore S/o Shri Sampat Singh shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned

Police Station, provided each of them shall furnish 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 trial Court with the stipulation that they shall comply with all the

conditions laid down under Section 437(3) Cr.P.C.

However, looking to the nature of offence and the manner in which it has been carried out, it is made clear that in case the petitioners are found

involved in similar offence(s) in future, learned trial Court shall be at liberty to cancel the benefit of bail extended by this Court.