Allowed

Brijmohan @ Brijesh v. State of Rajasthan through Pp

Rajasthan HC17 Jan 2017CRLMB/846/2017

Case brief

AI extract

What is this about?

Bench allowed bail application filed under Section 439 Cr.P.C. despite lower court rejection, directing release on personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each without expressing opinion on merits.

What did the court decide?

Petitioner Brijmohan @ Brijesh released on bail under Section 439 Cr.P.C. on personal bond of Rs. 2 lakhs with two sureties of Rs. 1 lakh each.

Brijmohan @ Brijesh Vs State of Rajasthan through Pp — 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 No. 846 / 2017

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Brijmohan @ Brijesh S/o Shri Rudaram B/c Raigar, Aged About 23 Years, R/o Village Kishorpura, Tehsil Neem Ka Thana, Police Station Ajitgarh, District Sikar, Raj. (At Present in Central Jail, Jaipur).

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----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.Jitendra Pandey

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For Respondent(s) : Mr.N.S.Shekhawat, PP

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Judgment / Order

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17/01/2017

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This bail application has been filed under Section 439 Cr.P.C.

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Brief facts of the case are that an FIR No.714/2016 was registered at P.S. Chomu, Distt. Jaipur West for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter the petitioner moved bail application before the learned Court below under Sec.439 Cr.P.C, who vide detailed impugned order dismissed the bail application. Hence this bail application has been preferred on behalf of the petitioner.

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Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged crime, there is no case made out against the petitioner. It has also been contended that the accused petitioner is in judicial lockup since long, trial of the case is likely to take time, hence, the accused petitioner should be released on bail.

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(2 of 2)

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[CRLMB-846/2017]

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On the other hand, learned Public Prosecutor has opposed the bail application.

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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 on bail.

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Therefore, this bail application is allowed and it is directed that accused petitioner Brijmohan @ Brijesh S/o Rudaram be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR, provided he furnishes a personal bond in the sum of Rs.2,00,000/(Rupees two lac) 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 shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-137

Brijmohan @ Brijesh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Brijmohan @ Brijesh v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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