Sanjay @ Sanju And Others vs State Of Rajasthan And Others

Dinesh Mehta, J

These applications for bail have been filed by the applicants under section 439 of the Cr.P.C. in connection with FIR No.420/2023, registered at Police Station Bichiwara, District Dungarpur for the offences under sections 171, 419, 116, 119, 395, 201, 143 & 120-B of the Indian Penal Code.

Mr. Manoj Kumar Pareek and Mr. Deora, learned counsel for the applicants submitted that the basic allegation leveled against the present applicants are that they have recced the vehichle and the persons who were bringing gold from Ahmedabad Airport to Dungarpur.

While maintaining that the accusation levelled against the applicants are unsustainable, learned counsel argued that even if the same is taken to be correct then also the allegation against them is that they gave information about the movement of the car.

Informing that the investigation from the applicants who are behind the bars since 24.11.2023/03.11.2023, is over and no recovery remains to be made, it was prayed that they be enlarged on bail.

Mr. Abhishek Purohit, learned Public Prosecutor vehemently opposed the bail application by contending that the nexus of the present applicants with the principal accused who had looted the complainant is well established.

He submitted that the investigation shows that they have been constantly sharing the live location, the route they had taken and the location of the Car of the complainant, and therefore, their role in the offence of looting cannot be undermined.

Heard learned counsel for the parties and perused the material available on record.

On perusal of the record, this Court finds that the basic allegations against the present applicants is that of recceing the Car of the complainant. They were not as such involved in the loot.

In the opinion of this Court, the present applicants who can at the best be convicted under section 34/120-B of the Indian Penal Code cannot be kept behind the bars till indefinite period, particularly, when the investigation and recovery is over.

Having regard to the facts and circumstances of the case, I deem it just and proper to grant bail to the accused-applicants under section 439 Cr.P.C.

Consequently, the bail application filed under section 439 Cr.P.C. is allowed. The applicants (1) Sanjay @ Sanju S/o Padam Ji, (2) Manoj S/o Bapu Lal, (3) Pawan Kumar S/o Mog Ji Patidar and (4) Mahendra S/o Kuriya, arrested in connection with FIR No.420/2023, registered at Police Station Bichiwara, District Dungarpur shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- each and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.