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2022 DIGILAW 1827 (RAJ)

Azeet Shah v. State Of Rajasthan

2022-05-31

PUSHPENDRA SINGH BHATI

body2022
JUDGMENT Dr. Pushpendra Singh Bhati, J. - This Court perused the material available on record. 2. The petitioner has been arrested in connection with FIR No.112/2021, Police Station Pur, District Bhilwara for the offences punishable under Sections 364, 302, 201 & 397/34 of IPC & Section 4/25 of arms act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner submits that the similarly situated co-accused namely Naresh @ Prince Vaishnav, has already been enlarged on bail vide order dated 26.05.2022, passed by a Co-ordinate Bench of this Hon'ble Court in S.B. Criminal Mis. Second Bail application No.6838/2022. He further submits that the case of the present petitioner is akin to that of the co-accused who has been granted bail. 4. The order dated 26.05.2022, passed by the Co-ordinate Bench reads thus: "The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.112/2021, Police Station Pur, District Bhilwara for the offences under Sections 364, 302, 201 and 397/34 of IPC and Section 4/25 of arms act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. It is submitted by learned counsel for the petitioner that the first bail application was rejected by this Court on 28.01.2022 with a liberty to file a fresh bail application after recording the statement of Shivam before the learned trial court. He further submits that the seven prosecution witnesses including PW-7 Shivam have been examined before the trial court. He further submits that all the seven prosecution witnesses have not supported the prosecution case. Learned counsel submits that PW-7 Shivam has been declared hostile. He further submits that there is no evidence on record except the testimony of PW-7 Shivam to connect the present petitioner with the offence alleged in this case. Therefore, it is prayed that the petitioner may be enlarged on bail. The learned Public Prosecutor opposes the bail. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Naresh @ Prince Viashnav S/o Sh. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Naresh @ Prince Viashnav S/o Sh. Nand Kishore Vaishnav arrested in connection with F.I.R. No. 112/2021, Police Station Pur, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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." 5. Learned Public Prosecutor has opposed the bail application but is unable to point out anything which could make difference from the case of co-accused Naresh except that the present petitioner was driving the motorcycle, whereas the Naresh was a pillion driver. 6. Having regard to the totality of the facts and circumstances of the case as also the fact that the similarly situated co-accused has already been granted bail and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 7. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner azeet Shah S/o Tribhuwan Shah shall be released on bail in connection with FIR No.112/2021, Police Station Pur, District Bhilwara provided he executes a personal bond in a 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.