Rajpal Singh @ Bholu and Another vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for Petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

Contention of learned Counsel for Petitioners is that this is the first criminal case registered against Petitioners. In fact the dispute arose between two drivers on the question of giving side. It is submitted that the Petitioners are respectively driver and cleaner on a truck. When complainant, who was driving a dumper, did not give side to Petitioners, it is alleged that Petitioners stopped their truck in front of complainant''s dumper and then an altercation took place which lead to ''maarpeet''. It is wrongly alleged that the Petitioners looted jack, rod, tape etc. from the complainant''s dumper. In the incident of ''maarpeet'' also no injury was sustained by the complainant. Petitioners are in jail since 17.02.2011. Challan has already been filed. Trial of the case may take a long.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-Petitioners, namely, (1) Rajpal Singh @ Bholu Son of Jai Singh and (2) Lakhmi @ Lakkhi Son of Mahendra (both residents of Gadoj, Tehsil Behror, District Alwar and presently confined in Sub Jail Kotputli) on bail u/s 439 Code of Criminal Procedure, in FIR No. 75/2011, Police Station Pragpura, District Jaipur Rural, for offence u/s 392 IPC, provided each of them furnishes a personal bond in the sum of Rs. 30,000/- with two sureties of Rs. 15000/- each to the satisfaction of the trial Court for their appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case it is found that any other criminal case is pending against Petitioners and that misstatement has been made by their Counsel on their behalf about their whereabouts or nonregistration of any other criminal case or any new case in future is registered against them, the bail so granted to them by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial Court.

The bail application stands disposed of.