The High Court granted bail to the petitioner lodged in judicial custody for offences under IPC and the Arms Act, citing that offences are triable by Magistrate and further investigation/trial will take sufficient time.
Release on bail upon furnishing a personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each to the satisfaction of the trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13090/2021
Abhay Singh @ Kali S/o Sh. Ramveer Singh, Age 19 Years, R/o Water Works Colony, Ward No. 65, Sri Ganganagar Police Station Kotwali, Sriganganagar, District Sriganganagar. (Presently Lodged At District Jail, Hanumangarh)
----Petitioner
Versus
State of Raj., Through PP
----Respondent
For Petitioner(s) : Mr. Swaroop Singh For Respondent(s) : Mr. Mukhtiar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
23/10/2021
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.502/2021, Police Station Hanumangarh Junction, District Hanumangarh, registered for the offences under Section 399, 402, 379, 411 of IPC and Section 4/25 of Arms Act.
Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that offences are triable by Magistrate; no investigation or recovery is pending against the accused-petitioner; accused-petitioner is behind the bars since 01.09.2021; further investigation and the trial will take time. With these submissions, learned counsel for the petitioner
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[CRLMB-13090/2021]
prayed that the benefit of bail may be granted to the accusedpetitioner.
Per contra, learned Public Prosecutor opposed the bail application and stated that earlier two other cases have been registered against the accused-petitioner.
In reply, learned counsel for the petitioner stated that in these cases, final negative report has been filed.
Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate; further investigation and the 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 accused-petitioner Abhay Singh @ Kali S/o Sh. Ramveer Singh, arrested in connection with F.I.R. No.502/2021, Police Station Hanumangarh Junction, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- and 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
17-amit/-
1 issue framed by the court
Whether bail should be granted to the petitioner in view of offences being triable by Magistrate and no further investigation pending.
1 provisions across 1 enactments
Abhay Singh @ Kali
State of Raj.
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
