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2017 DIGILAW 1855 (RAJ)

Durgappa Kattappa Gudilo v. State Of Rajasthan

2017-08-17

BANWARI LAL SHARMA

body2017
JUDGMENT ORDER Banwari Lal Sharma, J. - The present Misc bail application under section 439 Cr. P.C., 1973 is preferred by the Accused/petitioner in the matter of FIR No. 819/2016 registered at Police Station Vaishali Nagar, Jaipur (South) for offences punishable under Sections 274, 275, 276, 419, 420, 406, 120-B of IPC and Sections 3, 4, 5, 6 & 7 of Drugs & Magic Remedies Act, 1954. 2. Learned counsel for the petitioner submits that as per FIR, victim was pressurized by one lady named Geeta Devi and the amount and gold was taken by co-accused Swami. The allegation against the present petitioner is only that he was there with co-accused Swami, no specific role is assigned to present petitioner, he is in custody since 10.09.2016, investigation has been completed and charge-sheet has already been filed, the alleged offence is triable by first class Magistrate. 3. He further submits that charge has already been framed on 13.02.2017 and first date for prosecution evidence was fixed for 01.03.2017, but prosecution evidence has not been completed yet, therefore petitioner is entitled for bail under Section 437(6) Cr. P.C, 1973 as such bail application of petitioner may be allowed and petitioner may be released on bail. 4. Learned Public Prosecutor Mr. S.K. Saini opposed the bail application and submitted that petitioner was there in criminal conspiracy, therefore this bail application may be dismissed. 5. I have considered the submissions made at bar. 6. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and without expressing any final opinion on the merit and demerit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioner. 7. Consequently, the bail application filed under Section 439 Cr. P.C., 1973 of accused-petitioner is allowed. 8. Therefore, it is ordered that the accused-petitioner Durgappa Kattappa Gudilo S/o Kattappa in FIR No. 819/2016 registered at Police Station Vaishali Nagar, Jaipur (South), shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- and two local surety bonds of Rs. 1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.