HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5559/2024
Anil Kumar S/o Pancha Ram, Aged About 28 Years, R/o
Munjasar, P.s. Lohawat, Dist. Phalodi (At Present Lodged In
Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 3049/2024
Vishnaram Jangu @ Vishnu Jangu S/o Mohanram, Aged About 41
Years, R/o Sundanagar, Jaloda, Ps Lohawat, Dist Phalodi.
(Lodged In High Security Jail, Ghoograghati, Ajmer)
----Petitioner
Versus
State of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ashok Bishnoi (through VC)
Mr. Vikas Balia (Senior Advocate)
assisted by Mr. Sanjay Bishnoi
(through VC)
For Respondent(s) : Mr. Shrawan Kumar Bishnoi-PP
(through VC)
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
(through Video Conferencing)
Order
31/05/2024
1. Both bail applications under Section 439 Cr.P.C. have
been filed by the petitioners in connection with FIR No.283/2021,
registered at Police Station Dechu District Jodhpur wherein they are
charged for offences punishable under Sections 147, 148, 149, 427,
307, 336 & 120-B of I.P.C and 5/27 of Arms Act.
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2. Learned counsel for the petitioners submits that for the
alleged incident dated 14.11.2021, three different FIR bearing
Nos.281/2021, 282/2021 and 283/2021 have been registered with
Police Station Dechu District Jodhpur (Rural) for the same offences.
Counsel submits that there cannot be three different FIRs arising
out of the same incident. Counsel further submits that the Co-
ordinate Bench of this Court has already granted indulgence of bail
to the petitioners in FIR Nos.281/2021 and 282/2021 while
accepting the bail application Nos.3372/2024 and 3384/2024 vide
orders dated 23.04.2024 and 04.04.2024, respectively. Counsel
submits that under these circumstances, the indulgence of bail may
also be granted in the present FIR to the petitioners.
3. Per contra, learned Public Prosecutor opposed the bail
applications and submitted that the petitioners are habitual
offenders as against them, several cases are pending, hence, under
these circumstances, they are not entitled to get the benefit of bail.
4. Heard and considered the submissions made at Bar and
perused the material available on the record.
5. Perusal of the FIRs as well as material available on the
record indicates that with regard to the same incident dated
14.11.2021, three different FIRs bearing Nos.281/2021, 282/2021
and 283/2021 have been registered with the same Police Station
Dechu, Distt. Jodhpur (Rural) for the same offences. Looking to the
fact that indulgence of bail has already been granted to the
petitioners in two FIRs bearing Nos.281/2021 and 282/2021, hence
under these circumstances, the similar indulgence is granted to the
petitioner in the instant FIR. This Court is cautious that the
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petitioners are habitual offenders against whom several criminal
cases are pending and in some of them, they are acquitted. The
object of the bail is not punitive, but to secure the presence of the
accused during trial. It has not been alleged by the learned Public
Prosecutor that incarceration of the petitioners is required in order
to prevent them from tampering with the evidence or to prevent
them from extending any inducement or threat to any of the
witnesses.
6. Therefore, considering the merits of the case and
keeping the facts and circumstances of the case in mind and the
fact that the trial will take its own time to conclude and without
expressing any opinion on merits and demerits of the case, I
deem it just and appropriate to grant indulgence of bail to the
petitioners under Section 439 Cr.P.C. and this Court is inclined to
grant the benefit bail to both the petitioners on the following
conditions:-
I) Under no circumstance, they will leave the city
without informing the concerned Investigating
Officer/Station House Officer.
II) They shall appear before the trial Court on each
and every date.
III) They shall participate and co-operate in the
further investigation, if any, as and when required.
IV) They shall upon release, provide their mobile
numbers to the concerned Investigating Officer/Station
House Officer and keep it switched on at all the times
and also drop the google pin as as to facilitate their
locations to the concerned Investigating Officer/Station
House Officer.
V) In the event, any FIR/ dairy note/complaint is
lodged against the petitioners, it would be open for the
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State/Public Prosecutor/Investigating Officer/Station
House Officer to seek redressal by way of seeking his
cancellation of bail.
VI) If the applicants change the place of residence
and their mobile numbers, they will give in writing
their changed address and mobile numbers to the trial
Court as well as to the Investigating Officer/Station
House Officer.
7. Accordingly, both bail applications under Section 439
Cr.P.C. are allowed and it is ordered that accused-petitioners Anil
Kumar S/o Pancha Ram and Vishnaram Jangu @ Vishnu
Jangu S/o Mohanram arrested in connection with
aforementioned FIR, may be released on bail; provided they
furnish a personal bond of Rs.50,000/- with two surety bonds of
Rs.25,000/- each to the satisfaction of 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.
(ANOOP KUMAR DHAND),J
1-1/- Supp