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2021 DIGILAW 1789 (RAJ)

Allu @ Arvind Singh v. State of Rajasthan

2021-09-21

SANDEEP MEHTA

body2021
ORDER 1. The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.56/2011, Police Station Bijoliya, District Bhilwara, for the offences under Sections 147, 148, 341, 323, 332, 353, 307, 302 and 120B of the IPC and Section 3/25 of the Arms Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. The petitioner and the other co-accused persons are facing trial in the Court of Additional Sessions Judge No.3 Bhilwara Camp Mandargarh for the above offences. The petitioner is in custody from 05.09.2011. Out of the 127 witnesses cited by the prosecution in the calender of witnesses, till date, only 86 witnesses have been examined. The Coordinate Bench of this Court has after considering the merits of the case and the significant delay in conclusion of the trial extended benefit of bail to the co-accused Shivraj Singh by passing a detailed order dated 16.08.2021 in SBCRLMB No.14461/2020. It is relevant to mention here that the star prosecution witness Bheru Lal (P.W. 7) wrongly identified the accused petitioner in his evidence. The Coordinate Benches of this Court have granted bail to the accused persons viz. It is relevant to mention here that the star prosecution witness Bheru Lal (P.W. 7) wrongly identified the accused petitioner in his evidence. The Coordinate Benches of this Court have granted bail to the accused persons viz. Ashok S/o Bansi Lal, vide order dated 10.08.2021 (4th Bail Application No. 10534/2021), Om Prakash S/o Mohan Ram, vide order dated 10.08.2021 (4th Bail Application No. 10533/2021), Sahi Ram, vide order dated 10.08.2021 (Bail Application No. 10156/2021, Umesha Ram S/o late Fagluram Bishnoi, vide order dated 10.08.2021 (Bail Application No. 8316/2021), Arun Kumar Gautam vide order dated 12.12.2012 (Bail Application No. 3105/2012), Alu @ Arvind Singh vide order dated 31.05.2012 (Bail Application No. 3997/2012), Giriraj Singh vide order dated 22.08.2013 (Bail Application No. 3994/2013), Harendra Singh vide order dated 03.02.2014 (Bail Application No. 1056/2014), Kanhai Singh vide order dated 04.02.2014 (Bail Application No. 1194/2014), Arun Kumar vide order dated 17.02.2014 (Bail Application No. 1370/2014), Moni Tomar @ Virendra Pratap Singh vide order dated 21.02.2014 (Bail Application No. 1793/2014), Arjun Singh @ Monu vide order dated 21.02.2014 (Bail Application No. 1794/2014), Mukesh vide order dated 21.02.2014 (Bail Application No. 1795/2014), Dinesh vide order dated 07.03.2014 (Bail Application No. 2209/2014), Sandeep @ Monti vide order dated 02.04.2014 (Bail Application No.2530/2014), Sarvesh Singh vide order dated 02.04.2014 (Bail Application No.2794/2014), Allu @ Arvind Singh vide order dated 16.05.2014 (Bail Application No. 3894/2014), Shirvaj Singh vide order dated 17.09.2015 (BailApplication No. 6343/2015), Sachin Singh vide order dated 16.12.2015 (Bail Application No. 11914/2015), Ajju @Ajay Pratap Singh vide order dated 16.12.2015 (Bail Application No. 11915/2015), Niru Kushwah @ Narendra Pratap Singh vide order dated 16.12.2015 (Bail Application No. 11917/2015), Allu @Arvind Singh vide order dated 25.01.2017 (Bail Application No.7226/2016), Ajju @ Ajay Pratap Singh vide order dated 19.07.2017 (Bail Application No.2257/2017), Suresh Jain Puchhi vide order dated 21.11.2017 (Bail Application No.9196/2017), Suraj Singh vide order dated 21.11.2017 (Bail Application No. 10470/2017), Shivraj Singh vide order dated 07.02.2018 (Bail Application No. 1301/2018), Giriraj Singh vide order dated 22.08.2019 (Bail Application No. 8472/2018), Suraj Singh vide order dated 30.01.2019 (Bail Application No.10651/2018), Suraj Singh vide order dated 22.08.2019(Bail Application No. 5872/2019), Suraj Singh vide order dated 03.12.2020 (Bail Application No. 11995/2020), Kanhai Singh vide order dated 29.03.2013 (Bail Application No. 466/2013). Thereafter, the co-accused Giriraj has been granted bail by the trial Court. 4. Thereafter, the co-accused Giriraj has been granted bail by the trial Court. 4. In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that the petitioner deserves to be released on bail. 5. Consequently, the 3rd bail application is allowed. It is ordered that the accused-petitioner Allu @ Arvind Singh S/o Krashna Singh (Correct Name Kishan Singh), arrested in connection with F.I.R. No.56/2011, Police Station Bijoliya, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two sound and solvent and duly verified sureties in the sum of Rs.50,000/- 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.