HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 5072/2022

1.

Vipin Kumar S/o Omkar Singh, Aged About 27 Years, R/o

Shimla Bahadur, Malviya Nagar, Transist Camp, P.s.

Rudrapur, Dist. Udam Singh Nagar (Uttarakhand) (At

Present Lodged At Sub Jail, Sojat City).

2.

Raja S/o Anish, Aged About 38 Years, R/o Rashid Nagar,

Baniyawala Khet, P.s. Brahmpuri, Dist. Meerut (Up). (At

Present Lodged At Sub Jail, Sojat City).

3.

Ashraf @ Imran @ Kala S/o Abdul Hameed, Aged About

33 Years, R/o Mukrabpur, P.s. Kaliyar Haridwar

(Uttarakhand) At Present On Rent Village - Harra, P.s.

Surupur, District Meerut (U.p.) (At Present Lodged At Sub

Jail, Sojat City)

4.

Aslam @ Guruji S/o Nasibudeen, Aged About 41 Years,

R/o Mazit Nagar, Naya Banasar, P.s. Lisadi Gate, District

Meerut (U.p.) (At Present Lodged At Sub Jail, Sojat City)

----Petitioners

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Narendra Rajpurohit

For Respondent(s)

:

Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

20/04/2022

The present bail application has 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.80/2022 at Police Station Sojat City,

District Pali, registered for the offence punishable under Section

379 of IPC.

(2 of 3)

[CRLMB-5072/2022]

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

offence is triable by the Magistrate; petitioners are behind the

bars since 21.03.2022; no investigation or recovery is pending

against the petitioners. With these submissions, learned counsel

for the petitioners prayed that benefit of bail may be granted to

the petitioners.

Per contra, learned Public Prosecutor has vehemently

opposed the bail application and stated that all the petitioners in

the present case belongs to the other State and earlier, one case

each is registered against the accused-petitioners - Vipin Kumar,

Raja and Ashraf @ Imran @ Kala and two other cases registered

against the accused-petitioner - Aslam @ Guruji.

Having regard to the facts and circumstances of this case,

particularly to the facts that offence is triable by the Magistrate;

no investigation or recovery is pending against the accused-

petitioners; further investigation and trial will take sufficiently long

time, therefore,

without expressing any opinion on the

merits/demerits of the case, this Court is of the opinion that the

bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioners – (1) Vipin Kumar S/o Omkar

Singh, (2) Raja S/o Anish, (3) Ashraf @ Imran @ Kala S/o

Abdul Hameed and (4) Aslam @ Guruji S/o Nasibudeen,

arrested in connection with F.I.R. No.80/2022 at Police Station

Sojat City, District Pali, shall be released on bail, if not wanted in

any other case, provided each of them furnishes a personal bond

(3 of 3)

[CRLMB-5072/2022]

of 50,000/- (Rupees Fifty Thousand) along with two sound and

₹

solvent sureties (one surety shall be of a close relative and one

surety shall be a local surety) of 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

141-Arvind/-