Allowed

Prabhu S/O Ramswaroop @ Radhey Shyam @ Kailash @ Prahlad v. State of Rajasthan

Rajasthan HC9 Nov 2021CRLMB/12814/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by an accused petitioner charged with various offences. The court deemed it just and proper to release the petitioner on bail despite the case pendency, directing him to furnish a personal bond along with two sureties.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. by furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Prabhu S/O Ramswaroop @ Radhey Shyam @ Kailash @ Prahlad… — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12814/2021 Prabhu S/o Ramswaroop @ Radhey Shyam @ Kailash @ Prahlad, Aged About 30 Years, R/o Tikad P.S. Hanuman Nagar Dist. Bhilwara Raj. (Presently Residing At Dist. Jail Tonk)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Deepak Khandelwal For Respondent(s) : Mr. S.S. Ola, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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09/11/2021

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This bail application has been filed by the accused petitioner under Section 439 Cr.P.C.

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Brief facts of the case are that an FIR No. 138/2016 was registered at P.S. Dooni, District Tonk for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter, he moved the bail application before the trial court, which vide impugned order dismissed the same. Hence, this bail application has been filed on behalf of the petitioner.

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Learned counsel for the accused petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. Counsel further submits that the accused petitioner is behind bars since 25.12.2017. Learned counsel submits that recovery of ‘axe’ has been made from the possession of co-accused Sitaram and not from the possession of the petitioner. Learned counsel submits

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(2 of 2)

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[CRLMB-12814/2021]

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that co-accused persons namely; Ambalal, Sitaram, Ramniwas @ Kalyo have been granted indulgence of bail by the Co-ordinate Bench of this Court and the case of the present accused-petitioner is on better footings to that of aforesaid co-accused persons. Charge-sheet against the petitioner was filed in the competent court on 30.12.2017. Conclusion of the trial may likely take time. Hence the accused petitioner be released on bail.

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On the other hand, learned Public Prosecutor has opposed the bail application and submitted that recovery of ‘axe’ has been effected from the possession of co-accused Sitaram and not from the possession of the present accused petitioner.

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Taking into consideration the submissions advanced by the learned counsel for accused petitioner, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.

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Therefore, this bail application is allowed and it is directed that accused petitioner Prabhu S/o Ramswaroop @ Radhey Shyam @ Kailash @ Prahlad shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

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(MADAN GOPAL VYAS),J

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Sharma NK/Ritu/13

Prabhu S/O Ramswaroop @ Radhey Shyam @ Kailash @ Prahlad v. State of Rajasthan

Case brief

What is this about?

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Prabhu S/O Ramswaroop @ Radhey Shyam @ Kailash @ Prahlad v. State of Rajasthan

Case brief

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