Allowed

Asharam v. State of Rajasthan through P P

Rajasthan HC11 Jul 2017CRLMB/5734/2017

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan bench at Jaipur disposed of a bail application preferred by Asharam under Section 439 Cr.P.C. relating to offences under IPC Sections 380 and 457. The Court applied the principle of overall facts and circumstances and allowed the bail.

What did the court decide?

Bail allowed with personal bond of Rs. 1,00,000/ and two surety bonds of Rs. 50,000/ each.

Asharam Vs State of Rajasthan through P P — Bail and Remand | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S. B. Criminal Miscellaneous Bail Application No. 5734 / 2017

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Asharam S/o Shri Shivraj B/c Yogi, R/o Village Gudha Devji, Tehsil Nainwa, Police Station, Nainwa, District Bundi, Presently R/o House of Manoj Jajoriya, Jagdamba Nagar, Police Station, Karni Vihar, Jaipur (Raj.) (presently Confined in Jail Jaipur).

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---Accused-Petitioner

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Versus

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State of Rajasthan Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Dinesh Pathak

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Public Prosecutor : Mr. S.K. Saini

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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11/07/2017

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The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Asharam in the matter of FIR No. 656/2016 registered at Police Station Mansarovar, District Jaipur for offences punishable under Sections 380 and 457 of IPC.

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Learned counsel for petitioner Mr. Dinesh Pathak submits that the alleged offence is triable by first class Magistrate, he is in custody since 05.01.2017, trial shall take its own time, therefore petitioner may be released on bail.

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Learned Public Prosecutor Mr. S.K. Saini opposed the bail application.

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I have considered the submissions made at bar.

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(2 of 2)

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[CRLMB-5734/2017]

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On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, therefore 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 Asharam.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.

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Therefore, it is ordered that the accused-petitioner Asharam S/o Shri Shivraj in FIR No. 656/2016 registered at Police Station Mansarovar, District Jaipur, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs.50,000/- 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. If in future, involvement of present petitioner is found in any other similar type of criminal case, then concern SHO will have liberty to file application before the learned Trial Court for cancellation of this bail order and learned Trial Court will have liberty to cancel this bail order without further reference to this Court.

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(BANWARI LAL SHARMA)J.

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S. Kumawat/13

Asharam v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

Asharam v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

What the court decided

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