High Court of Rajasthan allowed Section 439 Cr.P.C. bail application citing a private compromise and lack of opposition from the complainant, releasing the accused on a personal bond and two sureties.
Release of petitioner on bail on a personal bond of Rs. 2,00,000/- and two sureties of Rs. 1,00,000/- each.
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.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
O R D E R
S.B. Criminal Misc. Bail Application No.13527/2016 Dilshad @ Dillu Vs. State of Rajasthan
24.10.2016
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr. Anil Upman for the accused petitioner/s Mr. Rishi Raj Singh Public Prosecutor for State. Mr. Shantanu Bansal for the complainant
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. 161/2016 at P.S. Chaksu District Jaipur. 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 has submitted that both the parties have entered into compromise which is not opposed by the learned counsel for the complainant. He has furtheer 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, 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 Dilshad @ Dillu s/o Bundu Khan 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 learned Judge can release the petitioner on bail in the present facts and circumstances.
1 provisions across 1 enactments
Dilshad @ Dillu
State of Rajasthan
MAHESH CHANDRA SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
