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Rajasthan High Court · body

2019 DIGILAW 1424 (RAJ)

Anmol Bishnoi v. State of Rajasthan

2019-05-09

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 140/2017 of Police Station Shastri Nagar District Jodhpur for the offences punishable under Sections 307, 336, 387, 34, 427, 120-B & 212 IPC and under Section 3/25 Arms Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the police have filed charge-sheet against the petitioner for the offences punishable under Sections 307, 336, 387, 427, 212 & 120-B IPC with the allegation that the petitioner along with other co-accused persons hatched a criminal conspiracy to attack on the house of the complainant with the intention to kill him. Learned counsel has further submitted that as per charge-sheet, two accused persons namely Kumbhkaran @ Kumbharam and Swaroop Ram fired gun shot at the house of the complainant on 21.06.2017. The police have also concluded that the above named co-accused persons hatched a criminal conspiracy with one Harendra Jat to commit the crime. Learned counsel has further submitted that as per the charge-sheet, the allegation against the petitioner is to the effect that he harboured co-accused Harendra Jat but there is no evidence available on record that the petitioner was connected with co-accused persons Kumbhkaran @ Kumbharam or Swaroop Ram, who committed the crime. Learned counsel has also submitted that the trial court has charged the petitioner only with the offences punishable under Sections 212 & 120-B IPC and the charges against the petitioner have not been framed for the offences punishable under Sections 307, 336, 387 IPC. It is submitted that charge-sheet has been filed in the matter and co-accused persons namely Kumbhkaran @ Kumbharam and Swaroop Ram have already been enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Anmol Bishnoi S/o Sh. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Anmol Bishnoi S/o Sh. Lovinder Singh shall be released on bail in connection with FIR No. 140/2017 of Police Station Shastri Nagar District Jodhpur provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.