The High Court of Rajasthan allowed a second bail application filed by Rai Singh under Section 439 Cr.P.C. in a case involving cattle slaughter. The court granted bail despite not expressing an opinion on case merits, noting investigation completion and protracted trial.
Petitioner released on bail with personal bond of Rs. 80,000 and two sureties of Rs. 40,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 3221 / 2018
Rai Singh S/o Chhoga Banjara, Aged About 30 Years, Resident OfBhimakheda (garasiya Kheda), P.s. Railmagra, District Rajsamand. (presently Confined At District Jail Rajsamand)
----Petitioner
Versus
----Respondent
For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Pankaj Awasthi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/04/2018
The petitioner has been arrested in connection with FIR No.57/2018 of Police Station Nathdwara, District Rajsamand for the offence punishable under Sections 5 & 8 of Rajasthan Bovine Animal Act, 1995 and Section 11 of Prevention of Cruelty to Animals Act, 1960. He has preferred this second bail application under Section 439 Cr.P.C. The first bail application was dismissed by this Court on 27.02.2018 with liberty to file fresh bail application after filing of the challan.
Counsel for the petitioner submits that after rejection of the first bail application, challan of the case has been presented. Now no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
(2 of 2)
[CRLMB-3221/2018]
Learned Public Prosecutor has opposed the second bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rai Singh S/o Chhoga Banjara shall be released on bail in connection with FIR No.57/2018 of Police Station Nathdwara, District Rajsamand provided he executes a personal bond in a sum of Rs.80,000/with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG)J.
Ms/-141
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given that investigation is concluded and challan filed.
3 provisions across 3 enactments
Rai Singh S/o Chhoga Banjara
Proper Officer
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manoj Kumar Garg
Parties & counsel
