This judgment grants bail to an accused applicant who was re-arrested following the forfeiture of previous bail bonds. The court dismissed the prosecution's opposition and ordered release on a personal bond with a surety.
Accused applicant released on bail conditioned upon furnishing a personal bond of Rs. 50,000/- with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Cr. Misc. Bail Application No.
Manoj @ Monu S/o Sh. Lal Chand by caste-Koli R/o House No.1059, Veer Chowk, Gurjar Dharti, Nagra, Ajmer.
(At present confined in Central Jail, Ajmer)
Petitioner/Accused
VERSUS
The State of Rajasthan through P.P.
----Non-petitioner
Date of Order : 26.10.2016
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Neeraj K. Tiwari, for the accusedapplicant.
Mr. Sudesh Saini, Public Prosecutor – for the State.
By the Court:
Heard learned counsel for the
accused-applicant as well as learned Public Prosecutor and perused the record of the case.
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It is stated that the accusedapplicant could not appear in the court on one date. His bail bonds were forfeited. He has been arrested thereupon. The intervening period is of nine months. The accusedapplicant is behind bars since 12th August, 2016 thus may be enlarged on bail. He would appear in the court on each date of hearing.
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 accused-applicant deserves to be enlarged on bail.
Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-applicant Manoj @ Monu S/o Sh. Lal Chand in FIR No.158/2012 registered with Police Station Alwar Gate, Ajmer for offence under Section 457 and 380
IPC be released on bail provided he furnishes a personal bond in the sum of
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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.
S/No.39 sunita
1 issue framed by the court
Whether the accused applicant deserves to be enlarged on bail after forfeiture of bail bonds.
1 provisions across 1 enactments
Manoj @ Monu S/o Sh. Lal Chand
The State of Rajasthan
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
