The court held that the delay in filing the FIR, the lack of explanation for the delay, the lack of inter se connection between the accused, the fact that no investigation or recovery is pending against the accused, the fact that the accused have been behind bars for more than one month, and the fact that the alleged offences are triable by the First Class Magistrate and that the trial will take sufficiently long time should all be considered in granting bail.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

...

S.B. Criminal Misc. Bail Application No. 100/2022

Rooparam alias Roopkishore son of Shri Gangaram, aged about

23 Years, Resident of Meharaniyon Ki Dhani, Village Lukhu, Tehsil

Dhorimanna, District Barmer.

(Presently lodged at District Jail, Jalore).

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

Connected With

S.B. Criminal Misc. Bail Application No. 101/2022

Paramveer Singh son of Shri Shiv Singh, aged about 29 years,

Resident of Railway Station Colony, Jalore, Police Station

Kotwali, Jalore, District Jalore.

(Presently lodged at District Jail, Jalore).

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

S.B. Criminal Misc. Bail Application No. 103/2022

Rajaram son of Shri Lokaram, aged about 24 years, Resident of

Siyana, Police Station Bagra, District Jalore.

(Presently lodged at District Jail, Jalore).

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

(2 of 5)

[CRLMB-100/2022]

For Petitioner(s)

:

Mr. Kanti Lal Thakur through video

conferencing.

For Respondent(s)

:

Mr. Sumer Singh Rajpurohit, PP.

Mr. Anil Joshi, GA-cum-AAG.

Mr. Sikander Khan, for the

complainant

through

video

conferencing.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

13/01/2022

In wake of onslaught of COVID-19, as per guidelines,

lawyers have been advised to refrain from coming to the Courts,

therefore, hearing of the matters is being taken up only through

video conferencing.

Heard learned counsel for the petitioners appearing through

video conferencing, learned Public Prosecutor, present-in-person

as well as learned counsel for the complainant appearing through

video conferencing. Perused the material available on record.

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. 513/2021, Police Station Kotwali,

Jalore, District Jalore, registered for the offences under Sections

295, 295(A) & 153(A)/120-B of the Indian Penal Code.

Learned counsel for the petitioners stated that as per

prosecution, the incident in question has been taken place on

07.12.2021 whereas, the FIR has been after a delay of four days,

i.e., on 11.12.2021; that there is no explanation for the delay

(3 of 5)

[CRLMB-100/2022]

caused in filing the FIR; that the accused-petitioners were

implicated in this case on the basis of CCTV footage in which, only

the accused Rajaram and Rooparam are visible with “Lathi”; that

the accused Praramveer Singh was implicated in this case on the

suspicion being created on the basis of the post of accused on

social media; that in fact, on the date of incident, the accused

Paramveer Singh was not available in the city of Jalore; that there

is no inter se connection between the accused-petitioners,

Rooparam, Rajaram and Paramveer Singh; that the alleged

offences are triable by the Magistrate; that no investigation or

recovery is pending against the accused-petitioners; that the

accused-petitioners are behind the bars for more than one month;

that the accused-petitioners were earlier arrested in connection

with the proceedings initiated under Section 107 read with Section

151 Cr.P.C. and after release in the proceedings, as above, they

have been arrested in connection with the present case; and that

the trial will take time, therefore, benefit of bail may be granted to

the accused-petitioners.

Per contra, learned Public Prosecutor and the learned counsel

Mr. Sikaner Khan appearing on behalf of the complainant through

video conferencing have vehemently and fervently opposed the

bail application of the accused-petitioners and stated that two to

three Majars/Dargahs were destroyed by the accused-petitioners;

that as per the photographs submitted by the learned counsel for

the complainant, in one photograph, it seems that some people

are conduc