CRLMB/14135/2020 of DEVENDRA KUMAR Vs STATE OF RAJASTHAN on 18 December 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJODHPUR.

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S.B. Criminal Misc. Bail Application No. 14135/2020

Devendra Kumar S/o Manaram, Aged About 25 Years, R/o VillagePatroda, Tehsil Anopgarh, District Sri Ganganagar (Raj.).(Presently Lodged At Sub Jail Anopgarh). ----Petitioner

Versus

State Of Rajasthan through P.P. ----Respondent For Petitioner(s): Mr. Rakesh Chotia through VC.For Respondent(s): Mr. Sudhir Tak, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHAOrder 18/12/2020

The present bail application has been filed under Section 439Cr.P.C. on behalf of the petitioner, who is in judicial custody inconnection with F.I.R. No. 691/2019, Police Station Anopgarh,District Sriganganagar, registered for the offences under Sections307, 336, 427, 147, 148 & 149 of the Indian Penal Code andSection 27 of the Arms Act.

Learned counsel appearing for the petitioner through videoconferencing stated that charge punishable under Section 307 ofthe Indian Penal Code has wrongly been framed against theaccused-petitioner; that there is no injury report in this case; thatthere is an allegation of fire arm by the accused Kalu Ram on thebus; that no one has been injured in the aforesaid incident of firearm; that the charge sheet has been filed; and that the trial willtake time, therefore, benefit of bail may be granted to the presentaccused-petitioners.

Per contra, learned Public Prosecutor opposed the bailapplication of the accused-petitioner and stated that it is anadmitted position that there is no injury report in this case; andthat the charge sheet has been filed.

Heard and considered the arguments advanced by the learned counsel appearing for the petitioner through videoconferencing and learned Public Prosecutor, present-in-person.Perused the material available on record.

Having regard to the facts and circumstances of the case,particularly to the facts that there is no injury report in this case;that the allegation of fire arm is on the other accused Kalu Ram;and that further trial will take sufficiently long time, therefore,without expressing any opinion on the merits/demerits of thecase, this Court is of the opinion that the bail application filed bythe petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439Cr.P.C. is allowed. It is ordered that the accused-petitioner,Devendra Kumar S/o Manaram, arrested in connection with F.I.R.No. 691/2019, Police Station Anopgarh, District Sriganganagar,shall be released on bail provided he furnishes a personal bond ofRs.50,000/- and two surety bonds of Rs.25,000/- each to thesatisfaction of the learned trial Court with the stipulation to appearbefore that Court on all dates of hearing and as and when calledupon to do so.

(DEVENDRA KACHHAWAHA),J