This judgment grants bail to the petitioner under Section 439 Cr.P.C. on his third application, noting that charges were framed after the dismissal of the second application and no recovery from the petitioner has occurred.
Petitioner released on bail with a personal bond of Rs.50,000/- and one surety in like amount.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Criminal Misc. Third Bail Application No.14640/2015
Karua @ Dal Singh
Versus
State of Rajasthan
DATE OF ORDER : 14/12/2015
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Himmat Singh Bikarwar, for petitioner Mr. Sudesh Saini, P.P., for the State
Heard learned counsel for the parties and perused the
record of the case.
It is stated that after dismissal of the second bail
application, charges against the petitioner have been framed. The trial is likely to take time thus petitioner may be granted bail. It is moreso when no recovery has been effected from the petitioner either of the goods or of the arms, rather it was recovered from other accused who have not yet been arrested. No previous case history exists against the petitioner.
Learned Public Prosecutor has opposed the bail application.
After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial but looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail.
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Accordingly, third bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitionerKarua @ Dal Singh S/o Shri Devi Ram in FIR No.21/2015, registered with Police Station Kumher, District Bharatpur be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before the court on all subsequent dates of hearing and as and
when called upon to do so.
[M.N.BHANDARI], J.
FRBOHRA Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, Sr. P.A.
1 issue framed by the court
Whether the petitioner deserves to be enlarged on bail when charges have been framed and no recovery of goods or arms has been effected from him.
1 provisions across 1 enactments
Karua @ Dal Singh
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
