IN THE COURT OF SESSIONS JUDGE

AT JODHPUR DISTRICT, JODHPUR

Presiding Officer :Raghavendra Kachawal, R.J.S. (D.J. Cadre)

CRIMINAL MISC. BAIL APPL. NO. 652/2021

Isha Ram S/o Prema Ram, Aged 20 Yrs., R/o Khudiyala, P.S. Balesar, District
Jodhpur.
- Accused/Applicants
Vs.
State of Rajasthan, through Public Prosecutor
- Non Applicant

CRIMINAL MISC. BAIL APPLICATION UNDER SECTION 439

Cr.P.C. IN F.I.R. NO. 161/2021 OF P.S. BALESAR FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 143, 341, 327, 427
& 379 OF IPC.

Counsel appeared:-
1. Shri Shrawan Singh Rathore, Learned Advocate for the accused/applicant.
2. Shri Kamal Singh Rathore, Learned Advocate for the complainant.
3. Shri Lada Ram Bishnoi, Learned Public Prosecutor for the State.

ORDER Date: 01.09.2021

1. This bail application has been filed under Section 439 Cr.P.C.
by the applicant-accused Isha Ram S/o Prema Ram in this court on
31.08.2021. A copy of the bail application has been provided to the learned
public prosecutor & called for the case diary.

2. Brief facts of the bail application are that an FIR No. 161/2021
has been filed by the complainant, Prem Singh in police station Balesar,
District Jodhpur, which was registered under section 143, 341, 327, 427 &
379 IPC. During the investigation, the applicant-accused was arrested on
22/08/2021 and afterwards sent to judicial custody. He had moved a bail
application under section 437 of Cr.P.C. before the trial court, which was
dismissed on 27/08/2021. Aggrieved upon it, the applicant-accused filed the
bail application before this court under section 439 of Cr.P.C.
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Cr. Misc. Bail Appl. No. 652/2021 Order dt. 01.09.2021

3. The learned Advocate of the applicants-accused has argued

that the applicant-accused has been falsely implicated in this case. He did
not inflict any injury to the complainant. It is further stated that the bail
application no. 612/2021 of co-accused Suresh Ram has been granted by
this court and the case of present applicant-accused is similar than the case
of co-accused. It is also argued that the offence of theft is alleging against the
applicant-accused and he has been arrested on 22/08/2021. The case is
triable by the magistrate court. The investigation/trial may take a long time.
Therefore, the bail application of the applicant-accused should be allowed.

The Learned Public Prosecutor and advocate of the

complainant opposed the bail application and argued that the applicant-
accused is a habitual offender and there are 04 other criminal cases pending
against the applicant-accused Isha Ram, which are as under:-

S. FIR No. Police Station Under section

No.
1. 139/2019 Rajeev Gandhi Nagar, 457, 380 IPC
Jodhpur Commisionerate
2. 71/2020 Balesar 143, 341, 323, 365, 395,
336, 435 IPC
3. 73/2021 Balesar 143, 341, 307 IPC & 5/27
Arms Act
4. 74/2021 Balesar 143, 452, 427 IPC

It is further argued by the learned counsel of the complainant

that the applicant-accused is a habitual offender and he is repeating criminal
acts. So, if he will enlarge on bail, he may threat to the complainant. It is
further argued by the leaned public prosecutor that the bail application of co-
accused Bhoma Ram & Kailash has been dismissed by this court on
31/08/2021. The learned public prosecutor as well as advocate of the
complainant prayed for dismissal of the bail application of the applicant-
accused.

4. I have heard the arguments of both the parties and perused the
case diary. Brief facts of the case are that the complainant, Prem Singh filed
an FIR before police station Balesar on 31/07/2021. It is mentioned in the FIR
that he went to his wine shop for collection on 30/07/2021. As the
complainant was returning back with Gulab Singh, a vehicle bearing no.
RJ14-UB-9177 alongwith a motorcycle stopped to the complainant. Bhoma
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Cr. Misc. Bail Appl. No. 652/2021 Order dt. 01.09.2021

Ram, Channa Ram, Kailash, Suresh Ram Isha Ram & 3-4 other persons
demanded money for liquor and on being refused they attacked on the
vehicle of the complainant. Thereafter, they snatched a bag with Rs. 45,000/-
from the complainant and fled away from the place of incident. This FIR has
been registered under sections 143, 341, 327, 427 & 379 IPC. The applicant-
accused has been arrested on 22/08/2021. It is true that the bail application
of co-accused Suresh Ram has been allowed by this court on 25/08/2021 but
there was no previous criminal record against the co-accused Suresh Ram,
instead of it the applicant-accused is a habitual offender and there are 04
other criminal cases pending against the applicant-accused Isha Ram. So, it
shows that the applicant-accused is repeatedly involving in criminal acts.
Therefore, it cannot be said that the case of present applicant-accused is
similar than the case of co-accused Suresh Ram. Admittedly, the bail
application no. 649/2021 of co-accused Bhoma Ram and Kailash has been
dismissed by this court on 31/08/2021. Therefore, looking into the facts and
circumstances of this case and status of previous criminal records of
applicant-accused, but without expressing any opinion on the merits and
demerits of the case, I do not find it a fit case to grant the bail to the
applicant-accused.

5. Therefore, the bail application of the applicant-accused Isha

Ram deserves to be dismissed. Hence, the bail application of applicant-
accused Isha Ram S/o Prema Ram, Aged 20 Yrs., R/o Khudiyala, P.S.
Balesar, District Jodhpur under Section 439 Cr.P.C. is hereby dismissed.

(Raghavendra Kachawal)
Sessions Judge,
Jodhpur District, Jodhpur

6. This order is pronounced in open court today on dated

01.09.2021.

(Raghavendra Kachawal)
Sessions Judge,
Jodhpur District, Jodhpur