Sonu @ Kalu @ Colour vs State

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.368/2018, Police Station Kotwali Nimbahera, District Chittorgarh, for the offences under Sections 384, 365, 506, 394 and 389 of the IPC and under Section 3/25 of the Arms Act.

Learned counsel for the petitioner submits that the charge- sheet has been filed, no recovery remains to be made from the petitioner and petitioner is behind the bars for the period of about a year. He further submits that the co-accused Guddi Bai, Tulsi Ram, Umesh @ Mahesh Kumar, Anand Sen and Jaswant Singh have all been enlarged on bail by separate orders by this Court and the petitioner's case is not different.

Mr. Singh, learned Public Prosecutor while opposing the bail submitted that the petitioner is a king pin hatching the conspiracy.

In the totality of facts and, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Sonu @ Kalu @ Colour S/o Bhanwar Lal, arrested in FIR No.368/2018, Police Station Kotwali Nimbahera, Chittorgarh shall be released on bail on his furnishing personal bonds in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bonds. He may furnish requisite sureties by 26.6.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.