Umaid Singh And Others vs State Of Rajasthan

Kuldeep Mathur, J

These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.41/2023 registered at Police Station Mandore, District Jodhpur, for offences under Sections 302/115 of IPC and 3/25(1B)A, (7) (8) of Arms Act.

Learned counsel for the petitioners submitted that the petitioners are in custody for more than two months. Learned counsel submitted that the Police after investigation has already filed challan against the petitioners before the competent criminal court and therefore, no fruitful purpose would be served by keeping them behind the bars for an indefinite period. Drawing attention of the Court towards the FIR, learned counsel submitted that allegation against the petitioners is of hatching a conspiracy to commit murder of one Chuni Lal, Sarpanch of village Chokha.

Learned counsel submitted that from the perusal of the FIR, it is evident that except Umaid Singh, no other petitioner had any enmity whatsoever with Chuni Lal and therefore, the allegations levelled against them of hatching a conspiracy to kill Chuni Lal is absolutely baseless. It was vehemently urged that no action whatsoever, in furtherance of the alleged conspiracy hatched by the petitioners, was taken. On the strength of these submissions, learned counsel implored the Court to accept these applications for bail.

Per contra, learned Public Prosecutor vehemently opposed the bail applications and submitted that the petitioners were found to be involved in hatching conspiracy to commit murder. Learned Public Prosecutor further submitted that most of the co-accused petitioners have criminal antecedents and therefore, looking to the seriousness of the offences, the petitioners may not be enlarged on bail.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Considering the arguments advanced by the counsel for the parties, merely because the petitioners have criminal antecedents, the bail application cannot be rejected particularly when no action whatsoever has been taken in furtherance of the conspiracy; and prima facie, the petitioners did not have any enmity with Chuni Lal; also considering the fact that the petitioners are in judicial custody and looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners- (1).Umaid Singh S/o Shri Hem Singh, (2).Samundra Singh S/o Bheem Singh, (3).Rawal Singh S/o Sh. Raghunath Singh, (4).Ayush Pandit S/o Kishan Kumar, (5).Ishwar Solanki S/o Shyam Lal, (6).Ishwar Singh S/o Sh. Bhanwar Singh and (7).Amit Pareek S/o Late Shri Narendra Pareek shall be enlarged on bail in connection with FIR No.41/2023 registered at Police Station Mandore, District Jodhpur provided they furnish a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.