A bail application was filed for a petitioner arrested under Sections 420 and 379 IPC. The High Court allowed the application, directing release on bail upon execution of a personal bond with two sureties and undertaking not to repeat the offence.
Petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 11299/2021
Nana Lal @ Nanu S/o Sh. Lala Ram @ Lalu Teli, Aged About 32 Years, Neemakhera, Mandal Police Station, Dist. Chittorgarh. (Lodged In District Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : Mr. Mr. |
Ashok Khilery Sikandar Khan |
|
| For Respondent(s) | : Mr. |
Mahipal Bishnoi, | PP |
HON'BLE MR. JUSTICE RAMESHWAR VYAS Order
23/09/2021
Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner Nana lal @ Nanu who has been arrested in connection with FIR No.30/2021 registered at Police Station Chanderia District Chittorgarh for the offences punishable under Sections 420 and 379 of IPC
Learned counsel for the petitioner submits that the offence under Sections 379 and 420 of the IPC alleged against the petitioner is triable by Magistrate and after completion of the investigation, the charge-sheet has already been filed. Learned counsel for the petitioner further submits that the petitioner shall not involve himself in the offence in future. Learned counsel for the petitioner, therefore, prays to enlarge the petitioner on bail.
(2 of 2)
[CRLMB-11299/2021]
Learned Public Prosecutor opposes to grant of bail to the petitioner.
In the facts and circumstances of the case, this Court deems it just and proper to enlarge accused-petitioner on bail under Section 439 Cr.P.C.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Nana Lal @ Nanu S/o Shri Lala Ram @ Lalu Teli shall be released on bail in connection with FIR No. 30/2021 registered at Police Station Chanderia District Chittorgarh provided he executes a personal bond in the 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 and further with the condition that the petitioner shall not repeat offence in future and if he repeats the offence, the respondent shall be free to file an application for cancellation of bail before the competent court.
(RAMESHWAR VYAS),J
ns. 10-1/-
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in proceedings under Sections 420 and 379 of the IPC.
Whether the surrender of a personal bond with sureties suffices for granting bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Nana Lal @ Nanu
State Of Rajasthan
Rameshwar Vyas
As recorded by the court registry
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