Single bench order allowing second bail where charge sheet filed, trial likely to be lengthy, and co-accous already released on bail. Personal bond of Rs.20,000 with one surety required.
Petitioner released on bail under Sec 439 CrPC on personal bond of Rs.20,000 with one surety of like amount.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. IInd Bail Application No. 11710/2020
Sourabh Sharma S/o Shri Ramdas Sharma, R/o Bajariya Road, Kayasthpada, Dholpur, P.s.- Nihalganj, Dist. - Dholpur. (At Present In District Jail, Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Aditya Mishra For Respondent(s) : Mr. Ramesh Choudhary, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
19/10/2020
This second bail application has been filed under Section 439 CrPC in connection with FIR No.53/2020 registered at Police Station- Nihalganj, District Dholpur(Rajasthan) for the offences under Section 392 & 336 IPC..
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State.
Learned counsel for the petitioner submits that the first bail application was withdrawn with liberty to file a fresh after filing of the charge sheet. Learned counsel submits that the charge sheet has been filed. Learned counsel further submits that similar situated co-accused have already been released on bail from whom recovery was made whereas from the petitioner, a phone has been recovered, which was his own. Learned counsel submits that the trial is likely to take time.
(2 of 2)
[CRLMB-11710/2020]
Learned PP opposes the bail application.
Taking into consideration overall facts and circumstances of the case and that the co-accused have already been released on bail by the Coordinate Bench of this court vide its order dated 6.10.2020 and also taking into consideration the role of the petitioner and that the charge sheet has been filed so also the trial is likely to take time, but without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this seconds bail application is allowed and it is ordered that the accused-petitioner-Sourabh Sharma S/o Shri Ramdas Sharma be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J
Anu /397
1 issue framed by the court
Whether the petitioner should be granted bail under Section 439 CrPC given that the charge sheet is filed and co-accused are released.
1 provisions across 1 enactments
Sourabh Sharma
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
