The High Court at Jodhpur considered an application for bail under Section 439 Cr.P.C. filed by Manpreet Singh arrested under IPC and ARMS Act provisions. Relying on the lack of criminal antecedents and the bail of a co-accused, the Court granted bail requiring a personal bond.
Bail granted on a 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.
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[CRLMB-9363/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9363/2020
Manpreet Singh @ Mani S/o Sh. Mander Singh, Aged About 26 Years, R/o Shahpini, Tehsil Sangaria, Dist. Hanumangarh (Raj.). (At Present Lodged In Central Jail, Sriganganagar).
----Petitioner
Versus
State of Rajasthan
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : Mr. |
Rakesh Matoria | (on VC) |
| For Respondent(s) | : Mr. |
Gaurav Singh, | P.P. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/10/2020
In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No. 133/2020 of Police Station Kotwali, District - Sriganganagar for the offences punishable under Sections 454, 394, 323 & 34 IPC and Section 3, 4/25 of ARMS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner makes a statement at Bar through video conferencing that there are no criminal antecedents of the accused petitioner. It is also contended that co-accused Karmjeet Singh @ Karan has already been granted bail by a coordinate Bench of this Court passed in S.B. Criminal Misc. Bail Application No.7656/2020 vide order dated 05.08.2020.
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[CRLMB-9363/2020]
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused persons have already been granted bail and the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner -Manpreet Singh @ Mani S/o Sh. Mander Singh shall be released on bail in connection with FIR No. 133/2020 of Police Station Kotwali, District - Sriganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR. PUSHPENDRA SINGH BHATI),J
17-Ravi Kh./-
2 issues framed by the court
Whether bail should be granted to the petitioner arrested in connection with FIR No. 133/2020.
Whether the fact that a co-accused has been granted bail is a relevant circumstance for granting bail.
3 provisions across 3 enactments
Manpreet Singh @ Mani
State of Rajasthan
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
