Sher Singh vs State Of Rajasthan

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.447/2022, registered at Police Station Nayashahar, District Bikaner, for offences under Sections 341, 323, 147, 148, 149, 324, 325, 326, 336, 440, 382 & 308 IPC.

Learned counsel for the petitioner submitted that the allegation of inflicting grievous injury upon the victim has not been levelled against the petitioner in the F.I.R. Learned counsel further submitted that the co-accused Rajesh @ Rajiya Bhat, upon whom similar allegations have been levelled in the F.I.R., has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 19.12.2022 in S.B. Criminal Miscellaneous Bail Application No.15979/2022. Learned counsel further submitted that the charge sheet against the petitioner has not been filed under Section 384 IPC and therefore, his case is not distinguishable from that of the co-accused who has already been enlarged on bail. Learned counsel further submitted that the petitioner had no involvement with the alleged offences. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sher Singh @ Sheru Bhat S/o Sh. Gopal Ram arrested in connection with F.I.R. No.447/2022, registered at Police Station Nayashahar, District Bikaner, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-(Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) 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.