Ankush Bishnoi And Ors vs State Of Rajasthan

Heard learned counsel for the parties. Perused the material available on record.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with FIR No.1/2020,

Police Station Sangaria, District Hanumangarh, for the offences under Sections 344 & 302/34 of IPC.

It is submitted by learned counsel for the petitioners that though the petitioners were named in the FIR in connection with the alleged murder of

Mandeep Singh at the De-Addiction Camp, the police filed the charge sheet on 09.04.2020 against few persons, however, no charge sheet was filed

against the petitioners. Whereafter, in the supplementary charge sheet filed on 21.11.2020, a specific indication was made that both the petitioners

were not involved in the offence, however, the Court at the stage of Section 193 Cr.P.C. has taken cognizance against the petitioners and have

summoned through arrest warrant, based on which, they have been arrested and the trial court has rejected the bail application filed by the petitioners

without indicating any reason.

Submissions have been made that once the police in the original charge sheet as well as supplementary charge sheet has come to a definite conclusion

regarding non-involvement of the petitioners, there was no occasion for the Court to take cognizance at the stage of Section 193 Cr.P.C. Irrespective

of the said aspect, it is submitted that there is no material available against the petitioners so as to continue to keep under detention and that they may

be enlarged on bail.

Learned Public Prosecutor opposed the bail application inter alia on the ground that bail applications of co-accused Arvind Bishnoi and Ashok Kumar

Bishnoi have already been rejected by a Co-ordinate Bench of this Court.

I have considered the submissions made by learned counsel. In the supplementary charge sheet filed by the police on 21.11.2020, a specific indication

has been made in relation to the petitioners that they were not involved and that they have no role to play in the offence.

So far as the rejection of the bail applications of the co- accused is concerned, they were named in the FIR and charge sheet was filed against them

and the Court while rejecting the bail application had come to a definite conclusion that they were not entitled to bail.

In the circumstances of the case, as presently there is apparently no material available on record against the petitioners, without expressing any

opinion on the merits 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) Ankush Bishnoi S/o Sh. Ramesh @ Pappa Bishnoi (2)

Ramesh @ Pappu @ Rameshwarlal Bishnoi S/o Sh. Ramchandra, arrested in connection with FIR No.1/2020, Police Station Sangaria, District

Hanumangarh, shall be released on bail; provided they furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of

Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.