[2023:RJ-JD:32204]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 12237/2023

Imtiyaj Ghanchi S/o Shri Aamad Bhai Ghanchi, Aged About 50

Years, R/o New Bali Wad Ratnath Phara In Front Of Police Line

Ad Visan Dist. Rajkot Gujrat Presently Lodged In Sub Jail

Gulabpura

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Devi Lal S/o Narayan Lal, B/c Gurjar R/o Baldarkhan

Tehsil Banera Dist. Bhilwara

----Respondents

Connected With

S.B. Criminal Miscellaneous Bail Application No. 11903/2023

Kishan S/o Bhagwan Gadri, Aged About 26 Years, R/o Gadri

Mohalla Suwaniya Ps Gangrar Dist. Chittorgarh Raj. At Present

Lodged In Sub Jail Gulabpura

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Devi Lal Gurjar S/o Narayan Lal Gurjar, R/o Baldarkha

Baneda Dist. Bhilwara Raj.

----Respondents

S.B. Criminal Miscellaneous Bail Application No. 11904/2023

Lalit Devmurari S/o Tulchi Das, Aged About 44 Years, R/o- Kasod

Amrid Nagar, Main Road, Ridhi Palace, Nearby Madhav Dairy,

Police Station Tower Chowk, Keson, District Junagarh, Gujarat

(Presently Lodged In District Jail Bhilwara)

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Devilal Gurjar S/o Narayan Lal Gurjar, R/o- Baldrakha

----Respondents

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[CRLMB-12237/2023]

For Petitioner(s)

:

Mr. S.D. Purohit

Mr. Kuldeep Sharma

Mr. N.K. Gurjar

For Respondent(s)

:

Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

03/10/2023

S.B. Criminal Miscellaneous Bail Application No. 12237/2023

&

No. 11904/2023

The petitioners have been arrested in connection with FIR

No.163/2023 of Police Station Rayala, District Bhilwara, for the

offence punishable under Sections 406, 420, 424, 427 and 120-B

of IPC. They have preferred these second bail applications under

Section 439 Cr.P.C. The first bail application was dismissed on

19.08.2023 with liberty to file afresh after filing of the challan.

Learned counsel for the petitioners submits that offences are

triable by Magistrate. 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-petitioners.

Learned Public Prosecutor has opposed the bail applications.

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 bails to the accused

petitioners under Section 439 Cr.P.C.

Accordingly, the second bail applications filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioners (1) Imtiyaj

Ghanchi S/o Shri Aamad Bhai Ghanchi & (2) Lalit Devmurari S/o

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[CRLMB-12237/2023]

Tulchi Das, shall be released on bail in connection with FIR

No.163/2023 of Police Station Rayala, District Bhilwara, provided

they execute personal bonds in a sum of Rs.1,00,000/- each with

two sound and solvent sureties of Rs.50,000/- each 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.

S.B. Criminal Miscellaneous Bail Application No. 11903/2023

The petitioner has been arrested in connection with FIR

No.163/2023 of Police Station Rayala, District Bhilwara, for the

offence punishable under Sections 406, 420, 424, 427 and 120-B

of IPC.

Learned counsel for the petitioner submits that offences are

triable by Magistrate. The accused-petitioner is 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