This bail application allowed the accused petitioner Rimal Kumar to be released on bail under section 439 CrPC. The court directed him to furnish a personal bond of Rs. 2,00,000 along with two sureties of Rs. 1,00,000 each.
Petitioner released on bail on a 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
ORDER
S. B. cri mi na1 ~i sc. ~ai 1 ~ppl i cati on NO. 9895/2016 ~i rmal Kumar Vs. State of ~ajasthan 9.9.2016
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr. ~inesh pareek for the accused peti tioner/s Mr. is hi ~aj public Prosecutor for State.
~pplication for early listing is allowed and counsel for the accused petitioner has requested to decided the bail application of the accused peti ti oner today. his bail application has been filed by the accused petitioner under section 439 Cr . P. c.
~ricf facts of the case are that the coxiplainant lodged an FIR No. 71/2016 at P.S. ~arnbhar Lake, ~istri ct ~ai pur. During the course of i nvesti gati on the accused peti ti oner/s was/were arrested. hereafter, he/ they moved bai 1 application before the trial court, which was di smi ssed, hence thi s bai 1 appl i cati on before thi s Court.
earned counsel for the accused petitioner has submitted that the prose~utorix pushpa w/o ang gal chand and her husband ang gal chand have not supported the case of the prosecution and they have been declared hostile, in this regard he has has placed reliance on the statements of both the persons. counsel has requested to take the above statements on record. counsel has further submitted that the accused petitioner i s i n judici a1 custody since long and no purpose will be served in keeping the accused petitioner behind the bar, hence the accused peti tioner/s be re1 eased on bai 1 .
earned pub1 i c Prosecutoj has opposed the bai 1
appl i cati on.
~ooking 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. heref fore, this bail application is allowed and it is directed that accused petitioner/s &F-=! ~i rrnal Kurnar s/o ~axminarayan shall be released on bail under section 439 Cr. P.C. in connection with the aforesai d FIR, provi ded he/she/they furni sh/es a persona1 bond in the sum of Rs.2,00,000/(~upees two lacs) together with two sureties in the sum of Rs.1,00,000/(~upees one lac) each to the satisfaction of the trial court with the sti pul ati on that he/she/they shall appear before that court on all subsequent dates of hearing and as and when called upon to do so. he statements are taken on record.
1 issue framed by the court
Whether the accused petitioner should be released on bail in connection with the FIR.
2 provisions across 1 enactments
Rimal Kumar
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
