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2021 Supreme(Online)(RAJ) 1222

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10798/2021 Jitendra Singh Rathore S/o Shri Devi Singh, Aged About 26 Years, R/o Kanecha Udawatana Police Station Sendra District Pali At Present R/o Bhawani Colony, Fatehpura Doyama Police Station Biwar City, District Ajmer.

(At Present Lodged in District Jail, Pali)

----Petitioner Versus State of Rajasthan through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10799/2021 Sonu Kumawat S/o Sheshkaran, Aged About 29 Years, B/c Kumawat, R/o H.No. 137, Jhaliya Road, Mayur Colony, Beawar P.S. Beawar City, District Ajmer (Raj.)

(Presently Lodged at Sub Jail, Jaitaran)

----Petitioner Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. A.D. Ujjwal & Mr. Bharat Dewasi For Respondent(s) : Mr. A.R. Choudhary, PP HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

19/08/2021 Both the above bail applications shall stand decided by this common order as they arise out of the same FIR.

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.65/2021 registered at Police Station Raipur, District Pali, registered for the offences punishable under Sections 420, 465, 467, 468, 120B of IPC (qua the accused– petitioner – Jitendra Singh Rathore) and Sections 420, 465, 467, 468, 120B, 201 of IPC (qua the accused-petitioner – Sonu Kumawat).

Heard learned counsel appearing for the petitioners as well as learned Public Prosecutor. Perused the material available on record.

Learned counsel appearing for the petitioners stated that offences are triable by the Magistrate; benefit of bail has already been granted by the Co-ordinate Bench of this Court to the co- accused persons Adam Singh and Pintu vide order dated 02.03.2021. With these submissions, learned counsel for the petitioners prayed that benefit of bail may be granted to the petitioners.

Per contra, learned Public Prosecutor opposed the bail applications and stated that in this case, on the basis of false signature, fake certificate has been obtained. Learned Public Prosecutor requested to call for the antecedents of the accused-

petitioners.

In reply, learned counsel for the petitioners, at bar, stated that no other case is pending against the petitioners.

Having regard to the facts and circumstances of this case, particularly to the facts that offence are triable by the Magistrate; benefit of bail has already been granted by the Co-ordinate Bench of this Court to the co-accused persons Adam Singh and Pintu vide order dated 02.03.2021, 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.

Consequently, the bail applications are allowed. It is ordered that the accused-petitioners – (1) Jitendra Singh Rathore S/o Shri Devi Singh and (2) Sonu Kumawat S/o Sheshkaran, arrested in connection with F.I.R. No.65/2021 registered at Police Station Raipur, District Pali, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(DEVENDRA KACHHAWAHA),J

188-189-Arvind/-

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