In a criminal bail application filed under Section 439 Cr.P.C., the High Court granted bail to the petitioner arrested in a cheating and forgery case, directing release upon execution of a personal bond with sureties.
Released on bail with a personal bond of Rs. 50,000 and 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12078/2021
Ajay Singh S/o Sh. Rajender Singh, Aged About 34 Years, Resident Of Raisinghpura, Tehsil Nohar District Hanumangarh (Raj.) (At Present Lodged In Sub Jail Nohar)
----Petitioner
Versus
The State Of Rajasthan, Through Its Pp.
| For Petitioner(s) | : Mr. Suresh Nehra |
----Respondent |
|---|---|---|
| For Respondent(s) | : Mr. Gaurav Singh,PP |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/11/2021
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material on record.
The petitioner, who has been arrested in FIR No.254/2020 registered at Police Station Nohar, Disst. Hanumangarh for the offences punishable under Sections 420, 406, 467, 468 & 471 IPC, has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submitted that in the present case charge sheet has already been filed, it reveal that there are other previous cases of alike nature were also lodged against the petitioner. Counsel for the petitioner further submitted that in all other cases petitioner has already been released by the coordinate Bench of this Court under Section 439 Cr.P.C. and the offences are triable by magistrate. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long
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[CRLMB-12078/2021]
time to be concluded. Therefore, he prays to enlarge the petitioner on bail.
Mr. Gaurav Singh, learned Public Prosecutor has opposed the bail application.
Having regard to the contentions made by the learned counsel for the petitioner and the learned Public Prosecutor, as also the material on record, without expressing any opinion on the merits of the case, this Court deem 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 Ajay Singh S/o Sh. Rajender Singh shall be released on bail in connection with FIR No.254/2020 registered at Police Station Nohar, Disst. Hanumangarh 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. However, it is made clear if the petitioner commits same offence than his bail bonds presented in this case has been forfeited and the bail application granted by this Court shall be cancelled.
(SUDESH BANSAL),J
20-Anshul/-
1 issue framed by the court
Whether the petitioner should be enlarged on bail considering the nature of offences and prior similar cases.
1 provisions across 1 enactments
Ajay Singh
The State Of Rajasthan
SUDESH BANSAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
