This bail application under Section 439 Cr.P.C. was allowed. The court held that as the investigation was completed, the petitioner did not need to remain in custody, and consequently, the application was granted subject to standard undertakings.
Petitioner released on bail upon furnishing 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. Bail Application No.9032/2015
Kaptan
Versus
State of Rajasthan
DATE OF ORDER : 25/08/2015 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Sandeep Pathak, 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 investigation from the petitioner has already been completed thus he is not required further so as to keep him behind bars. He may accordingly be enlarged on bail. He undertakes not to commit same or other offence during the period of bail, if granted.
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 on the following undertaking of the petitioner:
(i) If petitioner commits same or other offences during the period of bail, then Prosecution would be at liberty to move application for cancellation of bail.
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Accordingly, bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner-Kaptan S/o Shri Jagdish Gurjar in FIR No.534/2015, registered with Police Station Bayana, 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.
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 accused petitioner deserves to be enlarged on bail after completion of investigation.
1 provisions across 1 enactments
Kaptan (S/o Shri Jagdish Gurjar)
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
