Allowed

Rohit Khatik v. State

Rajasthan HC1 May 2020CRLMB/2476/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application under Section 439 Cr.P.C., granting release on personal bond only due to the prevailing COVID-19 lockdown making sureties difficult. The petitioner must furnish sureties by May 28, 2020.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 50,000/; direction to furnish two sureties of Rs. 25,000/- each by May 28, 2020.

Rohit Khatik Vs State — Bail and Remand | Rajasthan HC (2020)

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(1 of 2)

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[CRLMB-2476/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2476/2020 Rohit Khatik S/o Prabhu Lal, Aged About 26 Years, By Caste Khatik, R/o Housing Board Colony, Ps Jhalawar, Kotwali Jhalawar, District Jhalawar. (At Present Lodged At District Jail Jhalawar).

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----Petitioner

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Versus

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State of Rajasthan, Through P. P.

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----Respondent

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For Petitioner(s)	: Dr. Sachin Acharya through Jitsimeet App
For Respondent(s)	: Mr. S. K. Bhati, P. P. through Jitsimeet App

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JUSTICE DINESH MEHTA Order

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01/05/2020

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.43/2020 Police Station Gulabpura, District Bhilwara for the offences under Section 384, 341 IPC read with 4/25 and 28 of the Arms Act, 1959.

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It has been contended that no role has been attributed to the petitioner in relation to the offence alleged. Petitioner has been implicated while filing the charge-sheet, as the vehicle used in the alleged offence has been recovered from the petitioner. It is also argued that petitioner is behind the bars for a considerable period in relation to an offence; which is triable by Magistrate.

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Mr. Bhati, learned PP though opposed petitioner’s prayer for release on bail, however, could not justifiably refute petitioner’s contentions.

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(2 of 2)

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[CRLMB-2476/2020]

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In view of the aforesaid and looking to the fact that chargesheet has been filed and no recovery remains to be made, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Rohit Khatik S/o Prabhu Lal, arrested in FIR No.43/2020, Police Station Gulabpura, District Bhilwara shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

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This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 28^th May, 2020 to the satisfaction of the learned trial Court.

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It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

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Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.

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(DINESH MEHTA),J

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1-A.Arora/-

Rohit Khatik v. State

Case brief

What is this about?

What did the court decide?

Rohit Khatik v. State

Case brief

What is this about?

What did the court decide?

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