CHANDAN SANKHALA @ BABLU @ GADELA S/O RAJESH SANKHALA v. STATE OF RAJASTHAN
CRLMB/16/2025 · 2025-01-21
Sudesh Bansal
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2144 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2144 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2866] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16/2025 Chandan Sankhala @ Bablu @ Gadela S/o Rajesh Sankhala, Aged About 23 Years, R/o Purana Post Office Ke Piche Mangalpura Jhalawar Thana Kotwali Jhalawar District Jhalawar. (At Present Accused Confined In District Jail, Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pankaj Gupta, Mr. Chinmay Sharma For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/01/2025
1. Instant bail application has been filed by petitioner under Section 483 of BNSS in connection with FIR No.442/2023 registered at Police Station Kotwali Jhalawar, District Jhalawar for the offence(s) under Sections 365 & 302 IPC and Sections 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989. 2. Counsel for petitioners submits that the case of present petitioner is not distinguishable from the case of co-accused namely Sonu Lodha @ Machchhi, who has been released on bail by this Court vide order dated 13.11.2024 in SB Criminal Appeal (SB) No.2590/2024, except that, against Sonu Lodha @ Machchhi, there was one criminal case, whereas present petitioner is involved in three criminal cases, but all the criminal cases are not for serious offences. Petitioner is in custody since 24.06.2023, case of prosecution is based on circumstantial evidence and material witnesses have turned hostile, conclusion of trial may
[2025:RJ-JP:2866] (2 of 2) [CRLMB-16/2025] take considerable time, therefore, in such circumstances, petitioner be granted benefit of bail. 3. Learned Public Prosecutor has opposed the bail application, however, not in a position to distinguish the case of present petitioner with the case of co-accused Sonu Lodha @ Machchhi. 4. Heard counsel for petitioner and learned Public Prosecutor as well as perused the material available on record. 5. Having considered the contentions of learned counsel for petitioner as recorded hereinabove and considering the fact that the case of present petitioner is not distinguishable from that of co-accused Sonu Lodha @ Machchhi, who has already been released on bail, conclusion of trial may take considerable time, but without commenting on merits of the case, this Court deems it just and proper to release the petitioner on bail. 6.
Accordingly, the bail application is allowed and it is ordered that the accused-petitioner Chandan Sankhala @ Bablu @ Gadela S/o Rajesh Sankhala shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so, on following conditions:- (i) that the petitioner shall seek permission of the concerned Session Court before leaving the District Jhalawar and shall not tamper with and influence any of the prosecution witnesses; (ii) that the petitioner shall remain present before the trial Court as and when called for; (iii) that if the petitioner commits breach any of the condition, the respondents shall be free to move application for bail cancellation of accused-petitioner. (SUDESH BANSAL),J Sachin/8