The High Court of Rajasthan allowed a bail application for an accused facing charges under IPC Sections 306, 384, and 34. The court ordered release on personal bond with sureties upon considering the nature of allegations and duration of custody.
Petitioner released on bail on personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12332/2021
Raj Kumar S/o Sh. Indraj, aged about 30 Years, Resident of Kalri Badi, Teh. Rajgarh, District Churu (Raj.).
(At present lodged in Sub Jail, Rajgarh).
----Petitioner
Versus
State of Rajasthan through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Kuldeep Sharma. For Respondent(s) : Mr. Anda Ram Choudhary, PP.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
27/10/2021
Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of applicant, who is in custody in connection with FIR No.135/2021, Police Station Hameerwas, District Churu for the offences under Sections 306, 384 & 34 of IPC.
It is submitted by the counsel for the applicant that in the FIR and in the statements recorded by the police, the allegation pertains to FIR lodged by co-accused- Rajendra and pressure purportedly created by him, which resulted in deceased committing suicide and only with a view to drag the entire family, the applicant, brother of Rajendra, has been involved.
(2 of 2)
[CRLMB-12332/2021]
Submissions have been made that Challan has already been filed and the trial is likely to take time. The applicant is in custody since 22.05.2021 and, therefore, he may be enlarged on bail.
Learned Public Prosecutor opposed the bail application indicating that allegations of applicant’s involvement are also there and, therefore, the bail application may be rejected.
I have considered the submissions and looking to the nature of allegation made, which primarily pertains to lodging of FIR by applicant’s brother- Rajendra and an omnibus allegation at the end, the applicant also has been involved.
In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-applicant – Raj Kumar S/o Sh. Indraj arrested in connection with FIR No.135/2021, Police Station Hameerwas, District Churu, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.
(ARUN BHANSALI),J
28-DJ/-
2 issues framed by the court
Whether the bail application deserves to be accepted given the allegations and the time elapsed in trial.
Whether the petitioner should be released on bail subject to furnishing a bond.
1 provisions across 1 enactments
Raj Kumar S/o Sh. Indraj
State of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
