Rajendra v. State, Through Pp .

Vinit Kumar Mathur, J.:— Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 123/2021, Police Station Kachhola, District Bhilwara for the offence under Sections 452, 302/34, 120-B, 212 and 225 of IPC and Section 3/25 and 4/25 of Arms Act.

3. Heard learned counsel for the parties. Perused the material available on record.

4. Learned counsel for the petitioner submits that the charge-sheet in the case has been filed. He further submits that although the petitioner accompanied Kuldeep Singh and Tejender Singh to the place of incident, however, he has not inflicted any injury to the deceased Devi Singh. He further submits that the petitioner at the most can be treated as helped the principal accused Tejender Singh and Kuldeep Singh. He further submits that the co-accused Suraj and Sheru have been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 15.12.2021 and 27.10.2021 respectively. He further submits that the case of the present petitioner is not distinguishable from the co-accused who have been enlarged on bail. The conclusion of trial will take sufficiently long time. Therefore, it is prayed that the petitioner may be enlarged on bail.

5. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

6. Having regard to the peculiar facts and circumstances of the case and the fact that case of the petitioner is identical to the co-accused who have been enlarged on bail by this Court as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

7. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Rajendra @ Rajesh S/o Sh. Babu Lal arrested in connection with F.I.R. No. 123/2021, Police Station Kachhola, District Bhilwara shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees : Fifty Thousand Only) with two sureties of Rs. 25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.