HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Bail Application No. 11855/2021

(Second Bail)

Mahendra S/o Madan Meghwal, Aged About 27 Years, R/o

Bichadi, P.S. Pratapnagar, Tehsil Girwa, Dist. Udaipur.

(Presently Lodged At Dist. Jail, Chittorgarh).

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. Raghuveer Singh Bhati

For Respondent(s)

:

Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

07/09/2021

The present second bail application has been filed under

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

custody in connection with F.I.R. No.246/2021, Police Station

Kotwali Chittorgarh, District Chittorgarh,

for the offences

punishable under Sections 384, 389, 420 and 120-B of IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that at the time of

rejection of first bail application vide order dated 27.07.2021,

liberty was granted to the accused-petitioner to file a fresh bail

application; charge-sheet has been filed; benefit of bail has

already been granted by this Court to co-accused persons,

(2 of 3)

[CRLMB-11855/2021]

namely, Ramesh, Satya Narain @ Sattu, Kiran Meena and Ketan

vide order dated 17.08.2021. Learned counsel further stated that

no injury has been caused to complainant Narendra or any other

person and F.I.R. was filed against unknown persons; no

identification parade was conducted then how complainant had

identified the accused-petitioner; and trial will take time. With

these submissions, learned counsel for the petitioner prayed that

benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor opposed the bail

application and stated that accused-petitioner had taken Rs. 5

lakhs by threatning the complainant that he will falsely implicate

him in the case of rape and again demanded Rs. Two lakhs from

the complainant.

Having regard to the facts and circumstances of this case

and particularly to the facts that offence is triable by the First

Class Magistrate; benefit of bail has been granted by this Court to

co-accused persons, namely, Ramesh, Satya Narain @ Sattu, Kiran

Meena and Ketan; charge-sheet has been filed 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 second bail application filed by the petitioner deserves to

be accepted.

Consequently, the present second bail application is allowed.

It is ordered that the accused-petitioner-Mahendra S/o Madan

Meghwal, arrested in connection with F.I.R. No.246/2021,

Police Station Kotwali Chittorgarh, District Chittorgarh, shall

be released on bail, if not wanted in any other case, provided he

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

(3 of 3)

[CRLMB-11855/2021]

and two sound and solvent sureties of Rs.25,000/- (Rupees

Twenty Five Thousand) each to the satisfaction of the learned trial

Court for his 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

143-Ashish/-