The High Court allowed a bail application filed under Section 439 Cr.P.C. by an accused in FIR No. 486/2017 for an IPC Section 327 offence, granting release against a bond.
The accused-petitioner is to be released on bail upon furnishing one personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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. 8679 / 2017
Umesh @ Tedi S/o Ghanshyam Valmiki, R/o Hazuri Gate Alwar (Rajasthan) (accused Petitioner is in Distt. Jail Alwar).
----Accused-Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner(s) : Mr. Govind Prasad Rawat
Public Prosecutor : Mr. S.K. Saini
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
04/07/2017
The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Umesh @ Tedi in the matter of FIR No. 486/2017 registered at Police Station Kotwali, District Alwar for offence punishable under Section 327 of IPC.
Learned counsel for petitioner Mr. Govind Prasad Rawat submits that petitioner is in custody since 30.05.2017 and the alleged offence is triable by first class Magistrate, no criminal antecedents is there against the present petitioner, recovery has already been effected and further detention is not warranted, therefore petitioner may be released on bail.
Learned Public Prosecutor Mr. S.K. Saini opposed the bail application.
I have considered the submissions made at bar.
(2 of 2)
[CRLMB-8679/2017]
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 Umesh @ Tedi.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
Therefore, it is ordered that the accused-petitioner Umesh @ Tedi S/o Shri Ghanshyam Valmiki in FIR No. 486/2017 registered at Police Station Kotwali, District Alwar, 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.
(BANWARI LAL SHARMA)J.
S. Kumawat/102
2 issues framed by the court
Whether bail should be granted to the accused-petitioner Umesh @ Tedi in custody.
Whether the circumstances warrant the release of the petitioner on personal and surety bonds.
2 provisions across 2 enactments
Umesh @ Tedi
State of Rajasthan
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
