Shiv Singh vs State

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

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR

No.503/2020, Police Station Nayashahar, District Bikaner, for the offences under Section 307, 333, 332, 353, 34 of IPC.

It is submitted by learned counsel for the applicant that the allegation against the applicant are that he was occupant of the vehicle, which was being

driven by Shravan Khatri, who attempted to run over the constable/complainant.

Submissions have been made that the driver of the vehicle has been granted bail by the trial court itself and that the applicant has been denied bail only

on account of pendency of other cases.

Submissions have been made that the applicant is in custody since 12.12.2020 and due to 2nd wave of COVID-19, he deserves bail.

Learned Public Prosecutor opposed the bail application.

In the circumstances of the case, wherein, the driver of the vehicle has been granted bail by the trial court itself and the allegations against the

applicant apparently is regarding being occupant of the vehicle and challan has already been filed, without expressing any opinion on the merits of the

case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-applicant —Shiv Singh S/o Sohan Singh arrested in connection with FIR

No.503/2020, Police Station Nayashahar, District Bikaner, shall be released on bail; provided he 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.