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2021 DIGILAW 2001 (RAJ)

Abhishek v. State of Rajasthan

2021-10-22

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J Bail Application No.13360/2021:- 2. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.277/2021, Police Station Hiranmagri, District Udaipur, registered for the offences punishable under Section 394/34 of the Indian Penal Code. Bail Application No.12872/2021:- 3. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.277/2021, Police Station Hiranmagri, District Udaipur, registered for the offences punishable under Sections 392, 394 & 34 of the Indian Penal Code. Bail Application Nos. 13360/2021 & 12872/2021:- 4. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. 5. Learned counsel for the petitioners stated that petitioners have been falsely been implicated in this case; petitioners are behind the bars since 31.08.2021; no investigation or recovery is pending against the petitioners; 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. 6. Per contra, learned Public Prosecutor has fervently and vehemently opposed the bail applications and stated that Rs.6,000/- have been recovered from accused-petitioner, Abhishek & Rs.4,500/- have been recovered from accused-petitioner, Vikas and one another case has been registered against accused-petitioner, Vikas. 7. Having regard to the facts and circumstances of the case, particularly looking to the custody period of the accused-petitioners; accused-petitioners are behind the bars since 31.08.2021; no investigation or recovery is pending against the petitioners; 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. 8. Consequently, the bail applications are allowed. It is ordered that the petitioners - Abhishek S/o Rameshchandra (Bail Application No.13360/2021) and Vikas S/o Bhagwati Lal, (Bail Application No.12872/2021) both arrested in connection with F.I.R. No.277/2021, Police Station Hiranmagri, District Udaipur, 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.