Allowed

Durgesh Kumar v. State

Rajasthan HC7 Aug 2020CRLMB/8038/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jodhpur allowed bail to the petitioner, who was in judicial custody for theft. The court observed that the offence is triable summarily, custody duration was long, and trial would be lengthy, thus granting bail without expressing an opinion on merits.

What did the court decide?

Release on bail by furnishing a personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each to be presented to the learned trial Court.

Durgesh Kumar Vs State — Bail and Remand | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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S.B. Criminal Misc. Bail Application No. 8038/2020

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Durgesh Kumar S/o Shri Lalman, Aged About 22 Years, Shani Mandir Ke Pass, Near Bus Statnd, Ward No. 10 Chotala, Police Station Sadar Dabwali, District Sirsa (Haryana). (At Present Lodged In Sub Jail Srikaranpur). ----Petitioner

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Versus

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State of Rajasthan through PP. ----Respondent

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For Petitioner(s)	: Mr.	Kuldeep	Sharma through VC.
For Respondent(s)	: Mr.	Laxman	Solanki,PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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07/08/2020

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In wake of onslaught of COVID-19, as an abundant caution, hearing of the cases shall be only through video conferencing.

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.82/2019, Police Station Gajsinghpur, District Sriganganagar, registered for the offence under Section 379 of the Indian Penal Code.

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Learned counsel for the petitioner appearing through video calling stated that the offence is triable by the First Class Magistrate; that the petitioner is in judicial custody since 19.06.2019; and that the trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

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On the contrary, learned Public Prosecutor, while opposing the bail application of the accused-petitioner, stated that some other other cases are pending against the accused-petitioner.

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(2 of 2) [CRLMB-8038/2020]

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In reply, learned counsel for the petitioner stated that in one of the cases, benefit of bail has been granted to the accusedpetitioner by the coordinate Bench of this Court today itself in S.B. Criminal Misc. Bail Application No. 8039/2020.

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Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Having regard to the facts and circumstances of the case, particularly to the fact that the offence is triable by the First Class Magistrate; the accused-petitioner is in judicial custody for long time and the trial will take sufficiently long time, therefore, 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 is allowed. It is ordered that the accused-petitioner - Durgesh Kumar S/o Lalman, arrested in connection with F.I.R. No. 82/2019, Police Station Gajsinghpur, District Sriganganagar, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and 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.

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(DEVENDRA KACHHAWAHA),J

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73-Mohan/-

Durgesh Kumar v. State

Case brief

What is this about?

What did the court decide?

Durgesh Kumar v. State

Case brief

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What did the court decide?

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