HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 5166/2022

Babu Lal @ Kamlesh Berwa S/o Shri Mahaveer Berwa, Aged

About 19 Years, B/c Berwa, R/o Raj Ka Devariya, P.s.

Shambhughar, District Bhilwara (Raj.) (Presently Lodged At Sub

Jail, Gulabpura)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Zafar Khan

For Respondent(s)

:

Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/04/2022

The present second bail application has been filed under

Section 439 Cr.P.C. on behalf of the petitioner who is in custody in

connection with F.I.R. No. 292/2021, Police Station Gulabpura,

District Bhilwara for the offences under Sections 379,411,414 and

34 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

After the rejection of the first bail application on 25.02.2022,

the charge-sheet has been filed. The offences are triable by

Magistrate. The conclusion of trial will take sufficiently long time,

therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, this Court is of

(2 of 2)

[CRLMB-5166/2022]

the opinion that the bail application filed by the petitioner

deserves to be accepted.

Consequently, the second bail application filed under Section

439 Cr.P.C. is allowed. It is ordered that the accused-petitioner

Babu Lal @ Kamlesh Berwa S/o Shri Mahaveer Berwa

arrested in connection with F.I.R. No. 292/2021, Police Station

Gulabpura, District Bhilwara shall be released on bail; provided he

furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand

Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five

Thousand Only) each to the satisfaction of the learned trial court

with the stipulation to appear before that Court on all dates of

hearing and as and when called upon to do so.

However, it is made clear that after the enlargement on bail

in this case, if the petitioner is found involved in any other criminal

case, then no leniency will be extended to the petitioner in future.

Record of this condition and the antecedents of the petitioner will

be maintained by the concerned Police Station of the area where

the petitioner resides.

A copy of this order be sent to the local police station where

the petitioner resides.

It is also ordered that the petitioner will mark his attendance

in the local police station of the area of his permanent residence in

every three months.

(VINIT KUMAR MATHUR),J

29-praveen/kashish-