Bablu @ Bander vs State Of Rajasthan

Rajendra Prakash Soni, J

The prayer made in this bail petition filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report No.05/2023 of Police Station Kanera, District Chittorgarh in respect of offence(s) punishable under Section(s) 395, 379, 457, 461, 506, and 34 of the Indian Penal Code, 1860.

Heard the arguments advanced by learned counsel for the applicant, learned Additional Advocate General and carefully perused the entire material available in case diary.

Learned counsel for the petitioner has fervently and vehemently argued that the petitioner is innocent person and a false case has been foisted against him.

He submitted that the petitioner is in custody since 02.02.2023; that the co-accused, namely, Satish S/o Sh. Pappu and Rakesh S/o Sh. Mandanlal have been granted bail by a Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.7207/2023 on 08.06.2023 and the trial is likely to take sufficient time and no purpose would be served to keep the petitioner in future incarceration. Therefore, considering the facts and circumstances the petitioner may be released on bail.

Per contra, learned Additional Advocate General has opposed the bail application and submitted that in the facts of the present case, it is expedient that accused be kept in the custody.

Having considered the facts and circumstances of the case, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioner.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Bablu @ Bander S/o Gumana in F.I.R. No.05/2023, Police Station Kanera, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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 and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of his release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.