Allowed

Surendra Kumar v. State

Rajasthan HC8 Jan 2021CRLMB/126/2021

Case brief

AI extract

What is this about?

In an S.B. Criminal Miscellaneous Bail Application, the Court granted bail under Section 439 Cr.P.C. to Surendra Kumar, charged under IPC 307, 147-149, 353, and 120B. The order was based on the similar grant of bail to a co-accused and the delay in trial conclusion.

What did the court decide?

Release of the petitioner on bail with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Surendra Kumar Vs State — Bail and Remand | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 126/2021

¶3

Surendra Kumar S/o Joraram, Aged About 24 Years, R/o Dayasagar, Khara Police Thana Phalodi, District Jodhpur. (At Present Lodged In Sub Jail Phalodi).

----Petitioner

Versus

State of Rajasthan.

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 12381/2020 Shyamsunder & Anr.

¶10

----Petitioners Versus

¶11

State

¶12

----Respondent

¶13

For Petitioner(s) : Mr. B.R. Godara (on VC) For Respondent(s) : Mr. Anda Ram Choudhary, PP

¶14

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶15

Order

¶16

08/01/2021

¶17

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

¶18

In Bail Application No.126/2021:

¶19

This Court perused the material available on record.

¶20

The petitioner has been arrested in connection with FIR No. 480/2019 of Police Station Phalodi, District Jodhpur for the offences punishable under Sections 147, 148, 149, 353, 307, 120B IPC. He has preferred this bail application under Section 439 Cr.P.C.

¶21

Learned counsel for the petitioner submits that similarly situated co-accused namely, Ramesh has already been granted

¶22

(2 of 2) [CRLMB-126/2021]

¶23

bail by a coordinate Bench of this Court vide order dated 04.02.2020 passed in S.B. Criminal Misc. Bail Application No.1439/2020.

¶24

Learned Public Prosecutor opposed the bail application.

¶25

Having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused has already been granted bail and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶26

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Surendra Kumar S/o Joraram shall be released on bail in connection with FIR No. 480/2019 of Police Station Phalodi, District Jodhpur 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.

¶27

In Bail Application No.12381/2020:

¶28

Learned Public Prosecutor is directed to call for the case diary.

¶29

List this bail application after two weeks.

¶30

(DR.PUSHPENDRA SINGH BHATI),J.

¶31

50-51/Zeeshan/-

Surendra Kumar v. State

Case brief

What is this about?

What did the court decide?

Surendra Kumar v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Babulal Vs State of Rajasthan

Mohanram Vs State of Rajasthan

Parvat Singh Vs State

Ramniwas @ Ramesh Vs State

Rakesh Kumar Vs State

Ram Narayan Vs State