The High Court of Rajasthan allowed a third bail application, granting bail to the petitioner conditioned on furnishing a bond and appearing before the trial court, without expressing an opinion on the merits of the prosecution case.
Third bail application allowed; petitioner released on bail subject to personal bond of Rs. 50,000 and one surety.
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1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. CRIMINAL MISC. THIRD BAIL APPLICATION NO.13105/2016
Ajju son of Shri Nasiyat, by-caste Mev, resident of village Rundh Khoh, Police Station Khoh District Bharatpur. At present in Sub Jail, Kaman.
State of Rajasthan
Through the PP.
DATE OF ORDER : 21/10/2016 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Harendra Singh Sinsinwar, for petitioner Mr. R.R. Baisla, P.P., for the State
Heard learned counsel for the parties and perused the record of the case.
Learned counsel submits that statements of the injured witnesses have been recorded. They do not support the prosecution case thus petitioner may be enlarged on bail. The petitioner 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.
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Accordingly, third bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner-Ajju S/o Shri Nasiyat in FIR No.432/2013, registered with Police Station Kaman, 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
1 issue framed by the court
Whether the petitioner should be enlarged on bail despite the opposition of the Public Prosecutor?
1 provisions across 1 enactments
Ajju son of Shri Nasiyat
State of Rajasthan
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
