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2011 DIGILAW 169 (RAJ)

Rambabu v. State of Rajasthan

2011-01-24

MAHESH BHAGWATI

body2011
JUDGMENT 1. - This order governs the disposal of the bail application filed under Section 439 of CrPC by Mr. R.R. Baisla, Advocate on behalf of the petitioner Ram Babu, S/o Shri Bhanwar Singh pertaining to FIR No. 86/2010 of Police Station, Basai Dang, District Dholpur registered in the offences under Section 216A IPC and 11 of R.D.A. Act. 2. The accused petitioner Rambabu is alleged to have been involved in the offence under Section 216A of Indian Penal Code and Section 11 of Rajasthan Decoity Effected Areas Act, 1986. 3. Having heard the learned counsel for the petitioner as also the learned PP appearing for the State and carefully perused the relevant material emerging on record, it is noticed that the petitioner in association with the decoits, who had prise over their heads, were sitting in the forest of Jhagan Bal. All these persons having seen the police, fled from there and the members of the ADF party caught hold the accused petitioner, who was not armed at that point of time. The facts, as narrated by the police, do not constitute the commission of the offence under Section 216 A of Indian Penal Code. Section 11 of the Rajasthan Decoity Effected Area Act, 1986 envisages person who commits the scheduled offence. Since no scheduled offence is found to have been committed by the petitioner, the offence under Section 11 of the R.D.A. Act is automatically not made out. I, having regard to the facts and circumstances of the case, but without expressing any opinion on the merits of the case, do feel that it is a fit case, wherein the petitioner should be enlarged on bail. 4. It is, therefore, ordered that the accused petitioner Rambabu, S/o Shri Bhanwar Singh Gurjar in FIR No. 86/2010 of Police Station Basai Dang, District Dholpur shall be released on bail on his furnishing a personal bond of Rs. 5,000/- ( Rs. Five Thousand) together with a surety of the like amount to the satisfaction of the learned trial court with the stipulation that he shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded.Bail Application Allowed. *******