HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Bail Application No. 9843/2021

Lachu @ Lachiya @ Laxman S/O Manohar, Aged About 25 Years,

R/O Bilakh Kalavat Thana Rishabhdev Udaipur.

(At Present Lodged In District Jail, Dungarpur).

----Petitioner Versus State Of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

03/08/2021

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.88/2020, Police Station Parsad, District Udaipur, registered for the offences punishable under Sections 341, 382, 392/34 IPC.

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

Learned counsel for the petitioner stated that offences are triable by the Magistrate; benefit of bail has already been granted to co-accused persons, namely, Lala, Raju and Gajendra; as per para 4 of the rejection order, charge-sheet has been filed; trial will take long time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application and stated that 10 other cases are registered against the accused-petitioner and out of the said cases, 7 cases are registered for offences of similar nature.

Having regard to the facts and circumstances of this case and particularly to the facts that offences are triable by the Magistrate; benefit of bail has already been granted to co-accused persons, namely, Lala in SBCRLMB No.9368/2021 on 22.07.2021, Gajendra in SBCRLMB No.12552/2020 on 06.11.2020 by the coordinate Benches of this Court and Raju in SBCRLMB No.8456/2021 on 02.07.2021 by this Court, therefore, 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 present bail application is allowed. It is ordered that the accused-petitioner-Lachu @ Lachiya @ Laxman S/O Manohar, arrested in connection with F.I.R. No.88/2020, Police Station Parsad, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sound and solvent sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(DEVENDRA KACHHAWAHA),J

51-Ashish