Babu Singh & Ors v. State

Babu Singh & Ors v. State

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Criminal Miscellaneous Bail Application No. 4589/2021 S.B. Criminal Miscellaneous Bail Application No. 4590/2021 | 06-04-2021

1. These two bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioner, who are in custody in connection with F.I.R. No.41/2021, Police Station Karwad, District Jodhpur, for the offence under Section 3/25 of the Arms Act.

2. Heard learned counsel for the petitioners, learned Public Prosecutor and perused the material available on record.

3. The petitioners herein are in judicial custody for the above offence which is Magistrate triable. They were apprehended on 12.03.2021 with possession of a Pistol each. The co-accused Rawal Singh was arrested later and a Pistol was recovered from him as well. The application for bail filed on behalf of co-accused Rawal Singh has been accepted by this Court vide order dated 25.03.2021.

4. In this view of the matter and having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the petitioners deserve to be enlarged on bail.

5. Consequently, the bail applications are allowed. It is ordered that the accused-petitioners, (1) Babu Singh S/o Sh. Prem Singh Rathore and (2) Tamad Singh S/o Narpat Singh Rathore, arrested in connection with F.I.R. No.41/2021, Police Station Karwad, District Jodhpur, shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.

Advocate List
Bench
  • HON'BLE MR. JUSTICE SANDEEP MEHTA
Eq Citations
  • LQ
Head Note

Arms Act, 1959 — Ss. 3/25 — Possession of pistol — Bail granted — Petitioner apprehended with possession of a Pistol — Co-accused arrested later and a Pistol recovered from him as well — Application for bail filed on behalf of co-accused accepted by Supreme Court vide order dt. 25.03.2021 — Held, petitioners deserve to be enlarged on bail — Arms