Bench allowed bail petition under section 439 CrPC against FIR registered for offences under sections 408, 395, 365 IPC, without expressing opinion on merits.
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. 1135/2019
Ranveer @ rohit S/o Shri Surendra Singh B/c Thakur, R/o Village Badapura, Police Station Mansukhpura, Distt. Agra (Up) (At Present In Distt. Jail, Dholpur)
----Petitioner
Versus
State Of Rajasthan Through PP
----Respondent For Petitioner(s) : Mr. Anil Jain Adv. For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
25/01/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 75/2017 registered at Police Station Sadar, District Dholpur for offence under Sections 408 of Indian Penal Code, 1860 and later on 395, 365 of Indian Penal Code, 1860 was added.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 17.05.2017. Challan has already been presented in the Court. Petitioner has been falsely involved in this case on the basis of the statement of his co-accused recorded while in police custody. No identification parade was got conducted to establish the identity of the petitioner nor any recovery has been effected from the petitioner. Co-accused Ajay Singh @ Satendra has been granted bail by Co-ordinate Bench of this Court.
(2 of 2)
[CRLMB-1135/2019]
Learned State counsel on the other hand, 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.
S.Kumawat-33
1 issue framed by the court
Whether the petitioner is entitled to regular bail under section 439 CrPC 1973 in a case involving offences under sections 408, 395, 365 IPC.
1 provisions across 1 enactments
Ranveer @ rohit
State Of Rajasthan Through PP
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
