Allowed

Yadvindra Singh @ Yada v. State of Rajasthan

Rajasthan HC23 Oct 2018CRLMB/8936/2018

Case brief

AI extract

What is this about?

Single Judge of the Rajasthan High Court granted third bail to the accused under Section 439 Cr.P.C. due to prolonged custody and lack of trial progress, fixing a personal bond of Rs. 50,000 with two like surety bonds.

What did the court decide?

Accused-petitioner released on bail on a personal bond of Rs. 50,000 with two surety bonds of like amount, including one local surety.

Yadvindra Singh @ Yada Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 8936/2018

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Yadvindra Singh @ Yada S/o Sh. Suchha Singh, Aged About 29 Years, B/c Jatsikh, Lageyana Basti Madre, P.S. Firozpur Sadar, Distt. Firozpur (Punjab).

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(At Present Lodged In Central Sub Jail Sangaria)

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----Petitioner

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Versus

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State of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. R.S. Gill & Mr. D.S. Thind. For Respondent(s) : Mr. S.K. Vyas, AAG.

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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23/10/2018

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Accused-petitioner has laid this third bail application under Section 439 Cr.P.C. arising out of FIR No.202/2016 registered at Police Station Sangaria, District Hanumangarh for offence punishable under Sections 457 & 380 IPC. At present trial, in the matter, is pending before Addl. Chief Judicial Magistrate, Sangaria as Criminal Case No.708/2016.

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First bail application of the petitioner was dismissed as not pressed on 15^th of December, 2016 followed by rejection of second bail application on 6^th of October, 2017.

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Arguing on third bail application, it is submitted by learned counsel that petitioner was taken into custody on production warrant in the instant case since July 2016, and therefore, solely on the basis of prolong custody during trial he may be enlarged on bail. It is also argued by learned counsel that the offence with

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(2 of 2)

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[CRLMB-8936/2018]

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which petitioner is charged are triable by Magistrate. It is also submitted by learned counsel that so far as there is no material progress in the trial inasmuch as two witnesses despite sending process time and again are not turning up for deposing before the Court.

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Per contra, learned Addl. Advocte General has opposed the third bail application.

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Having regard to the facts and circumstances of the case and considering submissions made at Bar, more particularly, long duration of custody of the petitioner, I feel inclined to accept this third bail application.

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Accordingly, this third bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Yadvindra Singh @ Yada S/o Shri Suchha Singh, arrested in connection with FIR No.202/2016, registered at Police Station Sangaria, District Hanumangarh, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of like amount, including one local surety, to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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a.asopa/-122

Yadvindra Singh @ Yada v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Yadvindra Singh @ Yada v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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