High Court judge granted bail to three petitioners arrested under PC Act and IPC 120-B. Court held it just and proper to grant bail under Section 439 CrPC without expressing a final opinion on merits.
Bail allowed; directed release on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7928/2019
Indra Kumar S/o Shri Om Prakash, Aged About 45 Years, By Caste Pushkarna Barahmin, R/o Chune Ki Choki, Brahmpuri, Navchokiya, Jodhpur (At Present Petitioner Is Confined In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 8056/2019 Indiwar Bhardwaj S/o Late Shri Janardan Bhardwaj, Aged About 56 Years, By Caste Brahmin, Resident Of 30, Ashapurna Nagar, In Front Of Dps School, Pal Road, Jodhpur, Presently Working As Ayurved Inspector, Jodhpur. (Petitioner Is In Judicial Custody At Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 8057/2019 Suresh Chandra Sharma S/o Sh. Narayan Sahay Sharma, Aged About 59 Years, B/c Brahamin, R/o Village Hathoj Kalwad Road Jaipur (At Present lodged at Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Ravi Bhansali, Sr. Advocate with |
|---|---|---|
| Mr. | H.M. Saraswat, Mr.Mahesh Thanvi | |
| For Respondent(s) | : Mr. |
S.K. Bhati, PP with Mr.Ravindra |
| Khi | chi, APP |
(2 of 3)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
07/08/2019
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.179/2019 of Police Station A.C.B. Police Chowki, Jodhpur for the offence(s) punishable under Section(s) 7, 13, 13(1) (d), 13(2) of the Prevention of Corruption Act and Section 120-B IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that the interrogation from the petitioners has already been completed and they are in judicial custody.
Learned Public Prosecutor has opposed the bail application(s).
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 petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Indra Kumar S/o Shri Om Prakash, Indiwar Bhardwaj S/o Late Shri Janardan Bhardwaj and Suresh Chandra Sharma S/o Sh. Narayan Sahay Sharma shall be released on bail in connection with FIR No.179/2019 of Police Station A.C.B. Police Chowki, Jodhpur provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the
(3 of 3)
satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Ms rathore
1 issue framed by the court
Whether bail should be granted to petitioners charged under the Prevention of Corruption Act and Section 120-B IPC.
3 provisions across 3 enactments
Indra Kumar
Indiwar Bhardwaj
Suresh Chandra Sharma
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
