In a bail application under Section 439 Cr.P.C. regarding an FIR under Section 394 IPC, the High Court of Rajasthan granted bail to the accused-petitioner, requiring a personal bond and two surety bonds of specified amounts.
Granted bail requiring a personal bond of Rs. 2,00,000 and two surety bonds 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16214 / 2016
Sourabh Meena @ Sonu S/o Shri Pradeep Meena B/c Meena, Aged About 23 Years, R/o Village Dhulwas, PS Sapotara, District Karauli, At Present Bandaria Ka Balaji, Shyam Nagar, Police Station, Gangapurcity, District Sawai Madhopur, Raj.
(At Present Confined in Central Jail, Jaipur).
----Petitioner/Accused
Versus
State of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. PS Sharma
Public Prosecutor : Mr. Anil Yadav
HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order
20/01/2017
The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Sourabh Meena @ Sonu in the matter of FIR No. 460/2016 registered at Police Station Sanganer Sadar, District Jaipur (South) for offence punishable under Section 394 IPC.
Learned Counsel for the petitioner Mr. PS Sharma submits that injuries are simple, petitioner is implicated falsely in this matter, co-accused Ajay, Prince,
(2 of 3)
[CRLMB-16214/2016]
Sugam and Mahipal have already been released on bail by the Court below, case of petitioner is not distinguishable than that of co-accused, therefore he may be released on bail.
Learned Public Prosecutor Mr. Anil Yadav
opposed the bail application.
I have considered the submissions made at bar.
On consideration of submissions made on behalf
of the respective parties and the material made available for my perusal and without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioner Sourabh Meena @ Sonu.
Consequently, the bail application filed under Section 439 Cr.P.C. of accused-petitioner Sourabh Meena @ Sonu is allowed.
Therefore, it is ordered that the accusedpetitioner Sourabh Meena @ Sonu S/o Pradeep Meena in FIR No. 460/2016 registered at Police Station Sanganer Sadar, District Jaipur (South), shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/-
(3 of 3)
[CRLMB-16214/2016]
and two surety bonds of Rs.1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.
(BANWARI LAL SHARMA)J.
Charu 40
2 issues framed by the court
Whether the accused-petitioner is entitled to bail under Section 439 Cr.P.C. in a case involving Section 394 IPC.
Whether the petitioner's case is distinguishable from that of the co-accused who have already been released on bail.
Colour shows how this judgement treated each authority
noneReferred
2 provisions across 2 enactments
Sourabh Meena @ Sonu
State of Rajasthan
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
