Tahir vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.252/2019, registered at Police Station Sadar Pali, District Pali for the offences under Sections 328, 411 and 379/120-B of the Indian Penal Code.

Learned counsel for the applicant invited Court’s attention towards the relevant part of the charge-sheet and highlighted that at the time of the incident (commission of theft/robbery), the applicant was behind bars and the allegation leveled against him is that he was in constant touch (telephonically) with the main accused, namely, Shailesh, who had committed robbery.

3 Learned counsel for the applicant submitted that the main accused (Shailesh) has been enlarged on bail by the learned Additional District Judge vide order dated 03.03.2020.

Learned Public Prosecutor, at the outset, submitted that notice has been served upon the complainant.

Learned Public Prosecutor argued that no indulgence be granted to the present applicant as 30 cases of like nature are pending.

Heard learned counsel for the applicant and learned Public Prosecutor and perused the record.

Having regard to the facts and circumstances of the case and considering that the applicant is in judicial custody since 14.02.2020; the main accused (Shailesh) has been enlarged on bail and that the best case of the prosecution against the applicant can be hatching of conspiracy punishable under Section 120-B of the Indian Penal Code, this Court finds no reason to keep the present applicant behind bars for this case. Moreso, when the cases pending against the applicant are all prior to 2015 and charge-sheet in the instant case has been filed. Trial of the case is likely to take substantial time given that he has to attend trial of 30 cases.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Tahir S/o Mehtab arrested in connection with FIR No.252/2019, registered at Police Station Sadar Pali, District Pali shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court, if his custody is not required in any other case.

Applicant shall be required to appear before the trial 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.