The High Court allowed a bail application filed by two accused persons charged with offences including arson and damage to property, granting bail pending trial upon executing a personal bond with sureties.
Bail granted; petitioners directed to release on personal bond of Rs.50,000 with two sureties of Rs.25,000 each each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Ram Singh Rawal |
|---|---|
| For Respondent(s) | : Mr. Sharwan Bishnoi, PP |
| Mr. Nathu Singh, SHO, P.S. Panarwa, Udaipur |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
16/11/2021
Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
The petitioners have been arrested in connection with FIR No.78/2021 of Police Station Panarwa, Distt. Udaipur for the offences punishable under Sections 384, 436, 427, 451, 506, 143 & 201 IPC. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners submitted that the allegations against the petitioners are that they burnt the dead
(2 of 2) [CRLMB-13388/2021]
body in the house of complainant, due to which house of complainant got fire. Counsel for the petitioners further submitted that the charge sheet has already been filed. The petitioners are in judicial custody for quite long time and the conclusion of investigation/trial may take its own time. Therefore, he prays to enlarge the petitioners on bail.
Learned Public Prosecutor has opposed the bail application. The Investigating Officer is present in person and submitted that out of the fire, damage to the items having worth about Rs.3,00,000/- was caused to the complainant.
Having regard to the totality of the facts and circumstances of the case, looking to the nature of allegation, custody period of the petitioners and also that the charge-sheet has already been filed, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners 1.Babu S/o Veera and 2.Amba Ram S/o Khuma Ram shall be released on bail in connection with FIR No.78/2021 of Police Station Panarwa, Distt. Udaipur provided each of them 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(SUDESH BANSAL),J
28-Anshul/-
1 issue framed by the court
Whether the bail application filed by the arrestees under Section 439 Cr.P.C. should be allowed given the nature of allegations and custody period.
1 provisions across 1 enactments
Babu S/o Veera
Amba Ram S/o Khuma Ram
State Of Rajasthan
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
