Bail application allowed. Petitioner Premshankar S/o Kishan Gadri released on bail subject to furnishing bond with stipulation to appear, without expression of opinion on merits.
Petitioner released on bail on personal bond of Rs. 50,000/ and two surety bonds of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10372/2021
Premshankar S/o Kishan Gadri, Aged About 30 Years, Badarada, Police Station Rajnagar, Dist. Rajsamand. (Presently Lodged At Dist. Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan through PP
| -- | --Respondent | |
|---|---|---|
| For Petitioner(s) | : Mr. Ram Singh Rawal |
|
| For Respondent(s) | : Mr. Vikram Sharma,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
16/08/2021
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.108/2021, Police Station Raipur, District Bhilwara, registered for the offence punishable under Section 392 of the Indian Penal Code.
Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
(2 of 2)
[CRLMB-10372/2021]
Per contra, learned Public Prosecutor has opposed the bail application and stated that there is an allegation under Section 392 IPC has been levelled against the accused-petitioner; six other cases have been registered against the accused-petitioner; and after arrest one golden capsule (lksus dk ekany;k) and two pieces of pearl (nks ux eksrh) were recovered from the co-accused by the Investigating Officer.
Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; charge-sheet has been filed; and 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.
Consequently, the bail application is allowed. It is ordered that the petitioner Premshankar S/o Kishan Gadri arrested in connection with F.I.R. No.108/2021, Police Station Raipur, District Bhilwara, shall be released on bail, if not wanted in any other case; 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.
(DEVENDRA KACHHAWAHA),J
45-Rashi/-
1 issue framed by the court
Whether bail should be granted to the petitioner in view of the offences being triable by Magistrate and the trial being long.
3 provisions across 2 enactments
Premshankar S/o Kishan Gadri
State Of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
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