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2025 DAILYLAW 44228 (RAJ)

MAHENDRA SINGH @ JITENDRA SINGH S/O BABU SINGH v. STATE OF RAJASTHAN

CRLMB/10468/2025 · 2025-10-16

Farjand Ali

body2025

Judgment text

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[2025:RJ-JP:42496] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 10468/2025 Mahendra Singh @ Jitendra Singh S/o Babu Singh, Aged About 23 Years, R/o Semlibakhta P.s. Bhawanimandi District Jhalawar (Raj.) (Accused In Present Confined In Sub Jail Bhawanimandi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Chhavi Chaturvedi For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. JP Tiwari, PP HON'BLE MR. JUSTICE FARJAND ALI (Through Video Conferencing) Order 16/10/2025 1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case 1. FIR Number 218/2021 2. Concerned Police Station Bhawanimandi 3. District Jhalawar 4. Offences alleged in the FIR Under Sections147, 148, 341, 323, 302 and 307 of IPC 5. Offences added, if any - 6. Date of passing of impugned order - [2025:RJ-JP:42496] (2 of 3) [CRLMB-10468/2025] 2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. 3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 4. I have considered the submissions made by both the parties and have perused the material available on record. 5. The nine co-accused have been released on bail and case of the present petitioner - Mahendra is on better footing since there are no direct allegations of causing injury at his instance upon the deceased. The co-accused have been released on bail based on the ground of infringement of their fundamental right of having speedy trial. Since the case of the petitioner is on better footing than to the case of other accused persons and he is also behind the bars since last one year and ten months, this Court does not deem it appropriate to allow his further incarceration. The learned counsel for the petitioner assures this Court that after release on bail, the petitioner would not impede the smooth course of trial and would not create any impasse or hindrance which may stall the Court proceeding. He would be readily available for the trial, either personally or through his pleader and would not [2025:RJ-JP:42496] (3 of 3) [CRLMB-10468/2025] try to hamper or tamper with the prosecution witnesses. The petitioner is the resident of the same vicinity and there is no flight risk. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 6. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged 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. (FARJAND ALI),J 13 divya/-