CR. MISC. BAIL APPL No. 3166 of 2010 · Rajasthan High Court

Mr. Mahesh Gupta, for the petitioner. Mr. Javed Choudhary, P.P. for the State. Mr. KC Sharma for the complainant. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Mahesh Gupta, Advocate on behalf of the applicant-Gagendra Singh pertaining to F.I.R. No. 370/2009 of police station Vaishali Nagar, Jaipur city (South), in the offences under Sections 143, 323, 341, 452, 504 and 308 of IPC.

Heard the learned counsel for the petitioner, learned Public Prosecutor for the State as also learned counsel for the complainant and perused the material on record.

Learned counsel for the petitioner canvassed that the name of the petitioner- Gagendra Singh does not figure in the First Information Report. He has been falsely implicated by the complainant Bhanwar Lal on account of the reason that the complainant wanted to get his house evicted, which was let out to Narendra Khadliya through him. No injury has been ascribed to the petitioner nor it is stated anywhere that he was armed with any weapon. He has been in custody since 28.3.2010. The case is still pending investigation, which is likely to take time to complete. -2-

E-converso, the learned Public Prosecutor appearing for the State as also learned counsel for the complainant have opposed the bail petition on the ground that the accused Gagendra Singh @ Banti is a history-sheeter of Police Station Sodala, Jaipur. He accompanied the main accused Narendra and assaulted upon the complainant Bhanwar Lal, who sustained as many as 14 injuries, hence, he should not be granted any bail.

Having considered the submissions made at the bar and carefully perused the relevant material on record, it is noticed that the name of the petitioner does not figure in the FIR and no injury has been ascribed to him, hence, I without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the petitioner and his bail petition is allowed.

It is, therefore, ordered that the accused petitioner Gagendra Singh S/o Late Shri Girwar Singh in F.I.R. No. 370/2009 of police station Vaishali Nagar, Jaipur, shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- together with two surety bonds each of Rs.10,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J.