Single judge bail application allowing regular bail to a petitioner in custody for sections 452, 323, 354 and 376/511 IPC without expressing opinion on merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 11328/2018
Bhairu Singh S/o Shri Ramsahay B/c Jat, R/o Shripura Police Station Bnetha Teh. Uniyara Dist. Tonk At Present R/o H.no. 26A Pashavnath Enclav-4 Dyalpura P.S. Shivdaspura Jaipur (At Present In Confined In Central Jail Jaipur)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. Deshraj Kalwania
For Respondent : Mr. Jitendra Shrimali, P.P.
HON'BLE MRS. JUSTICE SABINA Order
12/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.311/2018 registered at Police Station Shivdaspura, Jaipur Metropolitan for the offence under Sections 452, 323, 354 Indian Penal Code, 1860. Later on added Section 376/511 Indian Penal Code, 1860 during investigation.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 7.7.2018. Challan has already been presented in the court and conclusion of trial may take time.
Learned State Counsel, has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/37
1 issue framed by the court
Whether the petitioner entitled to regular bail in cases under Sections 452, 323, 354 and 376/511 IPC.
2 provisions across 2 enactments
Bhairu Singh
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
