In this bail application under Section 439 Cr.P.C., the High Court allowed the release of the petitioner from custody. The court noted the co-accused's bail, a compromise between parties, and the prolonged detention approving the bond conditions.
The petitioner was released on bail with a personal bond of Rs. 50,000/- and two surety bonds 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 Misc. Bail Application No. 15721/2019
Vinod Hans S/o Sh. Omprakash, aged about 38 years, B/c Valmiki, R/o H. No. 305, Gali No. 04, Bhagat Ki Kothi, Police Thana Shastrinagar, Jodhpur.
(Lodged at Central Jail, Jodhpur).
----Petitioner
Versus
State of Rajasthan
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : Mr. P.S. Chouhan |
|
| For Respondent(s) | : Mr. Gaurav Singh,P.P. |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/01/2020
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 488/2019, Police Station Basni, District Jodhpur for the offence under Section 386 of I.P.C.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that the case of the present petitioner is on similar footings to that of coaccused Rahul Gurjar, who has been enlarged on bail vide Order dated 24.10.2019. Besides this, he further submits that the parties have entered into a compromise. He further submits that the petitioner is behind the Bars for almost one month. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
(2 of 2)
[CRLMB-15721/2019]
The learned Public Prosecutor opposes the bail.
Having regard to the facts and circumstances of the case coupled with the fact that the co-accused Rahul Gujrar has already been enlarged on bail and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Vinod Hans S/o Omprakash arrested in connection with F.I.R. No. 488/2019, Police Station Basni, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(VINIT KUMAR MATHUR),J
19-Inder/-
1 issue framed by the court
Whether the petitioner deserves bail given the co-accused has been enlarged, a compromise has been reached, and he has been in custody for over a month.
2 provisions across 2 enactments
Vinod Hans
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
