HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Bail No. 2153 / 2018

1. Kaliya S/o Shri Vaja, Aged About 48 Years, By Caste Damor

Bheel, Resident of Nanikasath, P.S. Kushalgarh, District- Banswara

(Raj.)

2. Prakash S/o Shri Vaja, Aged About 35 Years, By Caste Damor

Bheel, Resident of Nanikasath, P.S. Kushalgarh, District- Banswara

(Raj.)

3. Mangu S/o Shri Vaja, Aged About 39 Years, By Caste Damor

Bheel, Resident of Nanikasath, P.S. Kushalgarh, District- Banswara

(Raj.)

4. Kamal S/o Shri Toliya, Aged About 25 Years, By Caste Katara

Bheel, Resident of Kanajiya, P.S. Patan District- Banswara (Raj.)

5. Paru S/o Shri Gajhing, Aged About 35 Years, By Caste Damor

Bheel, Resident of Nanikasath, P.S. Kushalgarh, District- Banswara

(Raj.) (Presently Lodged in District Jail, Banswara).

----Petitioners

Versus

State of Rajasthan

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. Parwat Singh Rathore

For Respondent(s) : Mr. Ashok Upadhyay, PP

_____________________________________________________

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

26/02/2018

The petitioners have been arrested in connection with FIR

No. 01/2018 of Police Station Patan for the offence punishable

under Sections 147, 148, 323, 452, 429/149 of IPC & 3/8 of

Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation

of Temperary Migration or Export Act 1995. They have preferred

this bail application under Section 439 Cr.P.C.

(2 of 2)

[CRLMB-2153/2018]

Counsel for the petitioners submits that the present

petitioners have falsely been implicated in this case and challan of

the case has already been filed. The accused-petitioners are in

judicial custody and the trial of the case will take sufficient long

time to be concluded. Therefore, the benefit of bail should be

granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioners under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioners 1) Kaliya S/o Shri Vaja

2) Prakash S/o Shri Vaja 3) Mangu S/o Shri Vaja 4) Kamal S/o

Shri Toliya and 5) Paru S/o Shri Gajhing shall be released on bail

in connection with FIR No. 01/2018 of Police Station Patan

provided they execute a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each of them

to the satisfaction of 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.

(MANOJ KUMAR GARG)J.

TN/95