High Court allowed bail application filed by two accused persons falsely implicated in a case, directing their release on a personal bond with sureties without expressing opinion on merits.
Accused petitioner/s released on bail under Section 439 Cr.P.C. on personal bond of Rs. 2,00,000/-. with two sureties of Rs. 1,00,000/- each.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
O R D E R
S.B. Criminal Misc. Bail Application No.11857/2016 Ganesh Kumar & Anr. Vs. State of Rajasthan 17.9.2016
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr. Akshat Chaudhary for the accused petitioner/s Mr. Rishi Raj Public Prosecutor for State.
This bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that the complainant lodged an FIR No. 250/2016 at P.S. Christianganj District Ajmer . During the course of investigation the accused petitioner/s was/were arrested. Thereafter, he/ they moved bail application before the trial court, which was dismissed, hence this bail application before this Court.
Learned counsel for the accused petitioner/s has submitted that the petitioner/s has/have falsely been implicated in the instant case as he/she/they has/have nothing to do with the alleged incident, he/she/they is/are in judicial lock up since long, trial of the case is likely to take long time, not habitual offender/s, belong/s to a respectable family and co-accued Dinesh Nated has been released on bail by this court on 26.8.2016 and the case of the present accused petitioner stands on better footings, hence the accused petitioner/s be released on bail.
Learned Public Prosecutor has opposed the bail application.
Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner/s on bail.
Therefore, this bail application is allowed and it is directed that accused petitioner/s (1) Ganesh Bhakhar s/o Shri Nandaram and (2) Kartar s/o Shri Ghisaram Poshak shall be released on bail under Section 439 Cr.P.C. in connection with the aforesaid FIR, provided he/she/they furnish/es a personal bond in the sum of Rs.2,00,000/- (Rupees two lacs) together with two sureties in the sum of Rs.1,00,000/- (Rupees one lac) 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.
Sharma NK
1 issue framed by the court
Whether the accused should be granted bail under the provisions of Section 439 Cr.P.C.
1 provisions across 1 enactments
Ganesh Kumar
Kartar
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
