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2019 DIGILAW 1759 (RAJ)

Jitendra Kumar v. State of Rajasthan

2019-06-07

DINESH MEHTA

body2019
JUDGMENT : 1. This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No. 51/2019, Police Station Dechu, District Jodhpur, for the offences under Sections 307, 326-A & 323 IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record. 3. Mr. Sunil Mehta, learned counsel for the petitioner submits that despite the fact that the FIR was lodged against unknown person, in which the complainants have unequivocally stated that one person came on motorcycle and threw acid on them, yet petitioners name has been introduced by the Investigating Officer, simply because he had made the motorcycle in question available to the principal accused Ajay Singh on his request. Learned counsel contends that the petitioner was neither aware of the intention of the principal accused nor he had commanality of intention for the offence, so as to implicate him even under Section 120-B of the IPC. 4. Learned Public Prosecutor though vehemently opposed this bail application and submits that the motorcycle used for the offence has been recovered from the petitioner and, as such, he is also involved in the case, but failed to point out any material or the incriminating evidence against the petitioner to show meeting of his mind with the main accused. 5. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Jitendra Kumar S/o Prakash Chand, arrested in connection with FIR No. 51/2019, Police Station Dechu, District Jodhpur shall be released on bail; provided he executes a personal bond in the sum of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.