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2019 DIGILAW 774 (RAJ)

Gagan Singh v. State of Rajasthan, Through PP

2019-03-07

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners have been arrested in FIR No. 27/2019 of Police Station Keshrisinghpur, Distt. Sri Ganganagar for the offences punishable under Sections 332, 353, 427, 504/34 IPC. They have preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is argued that as a matter of fact, no such incident as alleged in the FIR has ever happened and a minor altercation took place between the petitioners and the J.En., Chairman and the Executive Engineer of the Municpal Board, Keshrisinghpur when a nala was being contructed by the Board. It is further submitted that no injury is found on the body of the complainant and looking to this fact, it is clear that the incident has been exagerrated by him. Learned counsel for the petitioners has further submitted that the petitioners are behind the bars from more than 15 days and no further investigation is required from them. 4. Learned counsel for the petitioners has submitted that so far as petitioner No. 3 - Jasparit Singh @ Jassu son of Jagnandan Singh is concerned, no specific role has been assigned to him and as he is a student of M.A. Previous Year and his examinations are scheduled to be held from March, 2019, therefore, a lenient view be taken in his respect. 5. Per contra, learned Public Prosecutor has opposed the bail application and submitted that the petitioners had manhandled the J.En., who was supervising the constrcution work and they had also thrown his mobile-phone and also threatened the other personnels of the Municipal Board with dire consequences though the construction of the nala was carried out as per the orders of the court. Learned Public Prosecutor has further submitted that though the complainant had received simple injury, but taking into consideration the fact that petitioners had tried to obstruct construction and development work, lenient view should not be taken against them. 6. Learned Public Prosecutor has further submitted that though the complainant had received simple injury, but taking into consideration the fact that petitioners had tried to obstruct construction and development work, lenient view should not be taken against them. 6. Having regard to the totality of the facts and circumstances of the case and after going through the case diary, particularly statements of the complainant, Chairman and Executive Officer of the Municipal Board, Keshrisinghpur and the other persons, I am not inclined to grant bail to the accused because they had deliberately tried to stop the costruction work, which was being carried out under the orders of the Court. 7. However, so far as petitioner No. 3 - Jasparit Singh @ Jassu son of Jagnandan Singh is concerned, no specific role has been assigned to him and the allegation of snatching and breaking the mobile-phone of the complainant is against accused Gagan Singh son of Makhan Singh and taking into consideration the fact that petitioner No. 3 - Jasparit Singh @ Jassu son of Jagnandan Singh is a student of M.A. Previous Year and his examinations are scheduled to be held from March, 2019, I deem it appropriate to enlarge him on bail while taking a lenient view. 8. In view of the above discussion, the bail application under Section 439 Cr.P.C. preferred on behalf of petitioner Nos. 1 and 2 namely Gagan Singh S/o Makhan Singh and Satwant Singh @ Lakhvinder Singh S/o Balvinder Singh respectively is dismissed. However, they are at liberty to file a fresh bail application before the trial court after filing of the charge-sheet. 9. So far as petitioner No. 3 - Jasparit Singh @ Jassu son of Jagnandan Singh is concerned, his bail application under Section 439 Cr.P.C. is allowed and it is directed that he shall be released on bail in connection with FIR No. 27/2019 of Police Station Keshrisinghpur, Distt. Sri Ganganagar provided he executes a personal bond in the 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.