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2021 DIGILAW 1979 (RAJ)

Kanahaiya Lal @ Ravi v. State of Rajasthan

2021-10-20

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.107/2020, Police Station Bhadsauda, District Chittorgarh, registered for the offences punishable under Sections 395, 394, 398 and 458/34 of the Indian Penal Code. 2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioners stated that petitioners have falsely been implicated in this case; charge-sheet has been filed; petitioners are behind the bars since 04.03.2021; benefit of bail has been granted to co-accused persons, Kanhaiya Lal @ Kanha and Akash @ Kamaldweep; as per rejection order itself, no other case has been registered against the petitioner, Krishnpal Singh @ Abhishek Singh; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may also be granted to the petitioners. 4. Per contra, learned Public Prosecutor has opposed the bail application and stated that eight other cases have been registered against Kanahaiya Lal @ Ravi. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; benefit of bail has been granted to co-accused Kanhaiya Lal @ Kanha by co-ordinate Bench of this Court vide order dated 06.10.2021 (Bail Application No.13642/2021) and to co-accused Akash @ Kamaldweep by this Court vide order dated 14.12.2020 (Bail Application No.12449/2021); and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted. 6. Consequently, the bail applications are allowed. It is ordered that the petitioners - Kanahaiya Lal @ Ravi S/o Shankar Lal (Bail Application No.12825/2021) and Krishnpal Singh @ Abhishek Singh S/o Shankar Lal (Bail Application No.12824/2021) both arrested in connection with F.I.R. No.107/2020, Police Station Bhadsauda, District Chittorgarh, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds 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.