Premchand Prajapat vs State of Rajasthan

Perused the averments made in this criminal misc. bail application as well as the material available on record and heard learned Public Prosecutor.

The petitioner has been arrested in FIR No.261/2019 of Police Station Raipur, District Bhilwara for the offences punishable under Section 394 IPC

and Section 4/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

It is noticed that co-accused Sunil Panwar has already been enlarged on bail by a Coordinate Bench of this Court on 09.04.2020.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Premchand Prajapat S/o Hajarilal

Prajapat shall be released on bail in connection with FIR No.261/2019 of Police Station Raipur, District Bhilwara provided he executes a personal

bond in a sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be

difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail

upon furnishing the personal bond. He may furnish requisite sureties by 15th May, 2020 to the satisfaction of the learned trial court.

The petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish

surety bonds by the stipulated time, the instant order will come to an end automatically.