Virender Singh Charan vs State Of Rajasthan

Rameshwar Vyas, J

The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 23/2016 registered at Police Station Salasar, District Churu for offences punishable under Sections 302/34 IPC, Section 3/25 and 5/25 of Arms Act.

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

Learned counsel for the petitioner submits that the offence alleged against the petitioner is under Section 5/25 of Arms Act for supplying arms to Gajendra and Imran, who did not possess license and also are accused for the offences under Sections 302, 120-B IPC etc. Learned counsel further submits that the main accused Imran has already been enlarged on bail; offence under Section 5/25 Arms Act punishment with imprisonment of three years and fine. In the above circumstances, learned counsel for the petitioner prays to grant bail application.

On the other hand, learned Public Prosecutor has opposed the bail application.

Having regard to the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the fact that offence is punishable with imprisonment of three years, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.

Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Virendra Singh Charan S/o Narendra Singh, who is in custody in connection with FIR No. 23/2016 registered at Police Station Salasar, District Churu, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.