Petitioner sought bail under Section 439 CrPC for offences punishable under Sections 143, 427, 336, 307, and 506 IPC. The High Court allowed bail without expressing an opinion on merits, subject to the Trial Court's satisfaction.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 9727/2018
Om Prakash @ Omi Son Of Bhanaram, By Caste Jat, R/o Samota Ki Dhani, Shivpura, Police Station Srimadhopur, District Sikar. (Petitioner Is In J.C. At Sub Jail, Neem Ka Thana, District Sikar)
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Vidhut Kumar Gupta Adv. For Respondent(s) : Mr. R.R. Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
03/10/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 130/18 registered at Police Station Khandela, District Sikar for offence under Sections 143, 427, 336, 307 and 506 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 04.06.2018. Challan has already been presented in the Court and conclusion of trial may take time. No test identification parade has been got conducted to establish the identity of the petitioner, nor the petitioner is seen in the Closed Circuit Television footage. It is a case of no injury.
Learned State counsel on the other hand has opposed the petition.
(2 of 2)
[CRLMB-9727/2018]
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.
S.Kumawat-18
2 issues framed by the court
Whether to grant bail to the petitioner under Section 439 CrPC.
Whether the petitioner should be released on bail given the pending trial and lack of TIDP.
2 provisions across 2 enactments
Om Prakash @ Omi Son Of Bhanaram
State Of Rajasthan Through P.P.
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
