Research › Search › Judgment

Rajasthan High Court · body

2013 DIGILAW 2140 (RAJ)

Banne @ Banne Singh @ Ravi Kumar v. State of Rajasthan

2013-12-02

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The present bail application has been filed under Section 439 Cr.RC. for 1 grant of regular bail to the petitioner in a case arising out of FIR No. 48/2013 registered at Police Station Mandawar Distt. Dausa for offences under Section 399, 402 & 411 of I PC and Section 3/25 of the Arms Act. 2. Counsel for the petitioner has submitted that police had received a secret information that accused are making preparation to commit dacoity. Counsel states that as per secret information, police reached the spot and apprehended Pappu @ Pappuram, Jagmohan and Kunj Bihari @ Hariom. Counsel for the petitioner has submitted that as per raiding party, petitioner had escaped from the spot. Counsel for the petitioner has submitted that three above named accused who were apprehended at the spot have been released on bail vide S.B. Criminal Misc. Bail Application No. 5594/2013, S.B. Criminal Misc. Bail Application No. 4935/2013 and S.B. Criminal Misc. Bail Application No. 4197/2013. Counsel for the petitioner has submitted that petitioner has been denied bail only on the ground that he has been involved in thirteen cases. 3. Admittedly, petitioner was not apprehended at the spot. Those who were arrested at the spot have been released on bail. No recovery has been effected from the petitioner. 4. Taking peculiar facts and circumstances of the case, and the ground of parity, this Court is of the view that merely on the basis of antecedents, bail cannot be denied to the petitioner. Antecedents indeed are a relevant consideration, but in case of doubtful nature, this Court is of the view that continuous detention of the petitioner as an under trial is not warranted. 5. Consequently, the present petition is accepted and the petitioner is ordered to be released on bail during the pendency of the trial to the satisfaction of the trial court. 6. However, nothing said in this petition shall be construed as an expression on the merits of the case.Bail Application Allowed. *******