This is a criminal bail application under Section 439 CrPC seeking release of the petitioner confined in custody following arrest in a case involving offences under Sections 323, 341, 392, 365, 427, and 506/34 IPC. The Court granted bail.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. 2nd BAIL APPLICATION NO. 2784/2019
Manraj Gurjar S/o Bhaguta B/c Gurjar, Aged About 22 Years, R/o Rai Damodarpura @ Thooni Police Station Datwas, Tehsil Newai, Distt. Tonk Raj. (At Present Confined In Distt. Jail Tonk)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
__________________________________________ For Petitioner : Mr. Bharat Yadav For Respondent : Mr. Ganesh Saini, Add. P.P.
HON'BLE MRS. JUSTICE SABINA Judgment
03/04/2019
Petitioner has filed this 2nd petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.07/2019 registered at Police Station Datwas, District Tonk for the offence under Sections 323, 341, 392, 365, 427, 506/34 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that there is a delay of ten days in lodging the FIR. Petitioner is in custody since 14.01.2019. Challan has already been presented in the court and conclusion of trial may take time. It is a case of Magisterial trial. Petitioner is not involved in any other criminal case.
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/17
1 issue framed by the court
Whether to grant regular bail to the petitioner in view of the delay in lodging the FIR and the nature of the case.
1 provisions across 1 enactments
Manraj Gurjar
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
