Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.55/2021 registered at Police Station Rayla Dist. Bhilwara, for the offences under Sections 147, 148, 149, 332, 353, 307, 420, 467, 468, 471, 474, 411 and 302/120-B, 34, 201, 202, 212, 225 of IPC; Sections 3, 4 of Prevention of Damage to Public Property Act; Sections 8/15, 8/27 and 8/29 of NDPS Act; and Sections 3/25, 35, 25(6), 28 and 5/27 of Arms Act.

2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the FIR, challan papers and the other documents available on record, learned counsel for the petitioner submitted that the petitioner has been implicated in the present case solely on the basis of disclosure statements of co-accused Ramesh recorded while he was in judicial custody.

3. Learned counsel submitted that the allegation against the present petitioner is of transferring money to the co-accused persons through hawala with the help of one Anil Jangwani. Learned counsel submitted that neither the petitioner has been named in the FIR nor was he present with the co-accused persons at the place of incident. As a matter of fact, the petitioner had no knowledge or information about the transportation of contraband on the date of the alleged incident.

4. Learned counsel further contended that the co-accused Anil Jangwani has already been enlarged on bail by the competent criminal Court. Other co-accused persons namely Pushpendra Singh (S.B. Criminal Miscellaneous Bail Application No.2249/2023), Prakash (S.B. Criminal Miscellaneous Bail Application No.12476/2023) and Sunil Dudi (S.B. Criminal Miscellaneous 2^nd Bail Application No.9266/2023) have already been enlarged on bail by this Court as well as by the co-ordinate Benches of this Court vide orders dated 08.05.2023, 20.05.2024 and 18.08.2023 respectively.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody since 01.05.2024; investigation against the petitioner has already been completed; challan against him has already been filed; final conclusion of the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned counsel contended that the petitioner has been arraigned on the basis of information supplied by co-accused under Section 27 of Indian Evidence Act and he was regularly providing financial support to the co-accused persons and, therefore, looking to the seriousness of the allegations against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail.

7. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

8. Having considered the rival submissions, facts and circumstances of the case particularly the fact that the above named co-accused persons have already been enlarged on bail. Thus, without expressing any opinion on the merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

9. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Bhuttaram Bishnoi @ Bhupendra S/o Shri Bhanwararam arrested in connection with F.I.R. No.55/2021 registered at Police Station Rayla Dist. Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

10. It is however, made clear that findings re