The High Court of Rajasthan at Jodhpur allowed a bail application under Section 439 Cr.P.C., releasing the petitioner on personal and surety bonds despite opposition from the Public Prosecutor.
Petitioner released on bail on personal bond of Rs. 50,000 with two surety bonds of Rs. 25,000 each, conditioned upon appearance before the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11647/2021
Ramesh Godara S/o Kamal Singh, Aged About 28 Years, R/o Narsali Nadi (Kolu), Tehsil Girda, District Barmer, Rajasthan (At Present Lodged At District Jail Barmer) ----Petitioner
Versus
State of Rajasthan through PP ----Respondent
For Petitioner(s) : Mr. Deepak Chowdhary For Respondent(s) : Mr. Shrawan Bishnoi, PP Mr. Girdhar Singh Bhati for the complainant
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order
28/10/2021
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.118/2020, Police Station Girda, District Barmer, registered for the offence punishable under Sections 436, 427 & 120-B of the Indian Penal Code.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.
Learned counsel for the petitioner stated that earlier Final Report (FR) was proposed by the Investigating Officer thereafter, petitioner was falsely implicated in this case; incident took place at 03:45 am and FIR was filed at 11:53 pm; petitioner is behind the bars since 12.08.2021; no investigation or recovery is pending against the petitioner; 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-11647/2021]
Per contra, learned Public Prosecutor as well as learned
counsel appearing on behalf of the complainant has fervently and vehemently opposed the bail application of the accused-petitioner. Learned counsel appearing on behalf of the complainant stated that stock of ready made clothes worth Rs.35 lacs, cash, furniture, etc. burnt in the fire incident and co-accused Rajesh is not arrested till today.
Having regard to the facts and circumstances of the case, particularly looking to the factual report submitted by learned Public Prosecutor and to the facts that accused-petitioner has falsely been implicated in this case; accused-petitioner is behind the bars since 12.08.2021; remaining investigation 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 - Ramesh Godara S/o Kamal Singh, arrested in connection with F.I.R. No.118/2020, Police Station Girda, District Barmer, 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
40-Rashi/-
1 issue framed by the court
Whether to grant bail to the petitioner who is in judicial custody accused of offences under Sections 436, 427 and 120-B IPC.
1 provisions across 1 enactments
Ramesh Godara
State of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
