The High Court of Rajasthan allowed a bail application filed under Section 439 CrPC by Naresh Singh, directing his release on personal bond with two sureties after dismissing arguments of the State.
Accused petitioner released on bail under Section 439 CrPC with personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
S.B. Criminal Misc. Bail Application No.10770/2016 (Naresh Singh Versus State of Rajasthan) Date of Order :: 22nd August, 2016
PRESENT
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Jiya Ur Rahman, for the petitioner(s) Mr. Rishi Raj Singh, PP for the State
This bail application has been filed under Section 439 CrPC.
Brief facts of the case are that an FIR No. 47/2015 was lodged at Police Station, Balghat, Karauli whereupon the investigation was commenced. During the course of investigation, the petitioner(s) was/were arrested. The petitioner(s) moved the bail application before the court below, but the same was dismissed. Hence this bail application has been filed under Section 439 CrPC.
Learned counsel for the petitioner(s) has contended that the petitioner(s) has/have been falsely implicated in this matter. He/She/They is/are in judicial lock up since long and conclusion of trial will take time. He has further contended that coaccused Ramveer has also been released on bail by this Court vide order dated 9.10.2015 passed in S.B. Cr. Misc. Bail Application No. 10734/2015 and the case of the petitioner is on better footing than that of coaccused, hence he/she/they should be released on bail.
Learned PP appearing for the State has
opposed the same.
I have heard learned counsel for the parties and carefully perused the relevant material on record.
Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem just and proper to enlarge the petitioner(s) on bail.
Therefore, this bail application is allowed
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and it is directed that accused petitioner(s) Naresh Singh S/o Shri Janak Singh, shall be released on bail under Section 439 CrPC in connection with the aforesaid FIR, provided he/she/ they furnish(es) a personal bond of Rs. 2,00,000/- (Rs. Two Lakh) with two sureties of Rs. 1,00,000/- (Rs. One Lakh) each to the satisfaction of the trial court with the stipulation that he/she/they shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(MAHESH CHANDRA SHARMA), J.
Om
2 issues framed by the court
Whether the petitioner should be released on bail under Section 439 CrPC considering the circumstances of the case.
Whether the disparity in bail status of the co-accused affects the current bail application.
1 provisions across 1 enactments
Naresh Singh
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
