High Court ordered release of accused petitioner Bona on bail under Section 439 Cr.P.C. against trial court dismissal, directing furnishing of bond and sureties.
Accused petitioner released on bail upon furnishing 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
O R D E R
S.B.CR. MISC. BAIL APPLICATION NO. 12544/2016
Bona S/o Kayum, by caste Qureshi, R/o Beesru, P.S. Punhana, Distt. Nuh, Mewat (Haryana).
(At present confined in Sub Jail Kishangarh Bas, Distt. Alwar).
….Accused Petitioner.
Versus
State of Rajasthan through P.P.
...Non-Petitioner.
DATE OF ORDER ::::: 30/09/2016 HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr. Rahul Tiwari, for the petitioner/s.
Mr. Rishi Raj Singh, Public Prosecutor for State.
This bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No. 284/2015 was registered at P.S. Bhiwadi Phase-III, Distt. Alwar for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner(s) was/were arrested. Thereafter he/she/they moved the bail application before the trial court, who vide impugned order dismissed the same. Hence this bail application has been filed on behalf of the petitioner(s).
Learned counsel for the petitioner(s) has contended that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged crime, there is no case made out against the petitioner(s). It has also been contended that the accused petitioner(s) is/are in judicial lockup since long and the conclusion of trial of the case is likely to take time,hence the accused petitioner(s) should be released on bail.
On the other hand, 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) Bona S/o Kayum shall be released on bail under Section 439 Cr.P.C. in connection with aforementioned FIR provided he/she/they furnish(es) a personal bond in the sum of Rs.2,00,000/- (Rupees two lac) 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.
Om/Manisha/-171
1 issue framed by the court
Whether the petitioner is eligible to be released on bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Bona S/o Kayum
State of Rajasthan through P.P.
MAHESH CHANDRA SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
