Allowed

Udailal v. State

Rajasthan HC28 Oct 2021CRLMB/14822/2021

Case brief

AI extract

What is this about?

This High Court allowed a bail application filed under Section 439 Cr.P.C. The applicant, in custody since January 2021, challenged his detention. Noting the absence of a recent pending case despite multiple older filings, the Court accepted the application without addressing the merits.

What did the court decide?

Accused released on bail on a personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to appearance requirements.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 14822/2021

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Udailal S/o Sh. Gangaram, Aged About 40 Years, Aachariyo Ka Mohallah, Bhadsoda, P.s. Bhadsoda At Present Residing At Ganeshpura P.s. Sadar, Teh. And Dist. Chittorgarh, Rajasthan. (At Present Lodged In Dist. Jail, Chittorgarh).

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. V.K. Gaur. For Respondent(s) : Mr. Arun Kumar, P.P.

¶9

HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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28/10/2021

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 24/2021, Police Station Sadar, District - Chittorgarh for the offences under Section 379 IPC.

¶13

Learned counsel for the applicant submits that the allegations against the applicant are of offences, which are triable by Magistrate, though 25 cases are pending against the applicant, last such case is of the year 2017.

¶14

Submissions have been made that challan has already been filed, the trial is likely to take time, the applicant is in judicial custody since January, 2021 and, therefore, he may be enlarged on bail.

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Learned Public Prosecutor opposed the bail application.

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(2 of 2)

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[CRLMB-14822/2021]

¶18

In the circumstances of the case, wherein though large number of cases are pending against the applicant, the last such case is of the year 2017 and, there is no recent case and the applicant is already in judicial custody for over 10 months now, 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.

¶19

Consequently, the bail application is allowed. It is ordered that the accused-applicant – Udailal S/o Sh. Gangaram arrested in connection with FIR No. 24/2021, Police Station Sadar, District - Chittorgarh, shall be released on bail; provided he furnish 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.

¶20

(ARUN BHANSALI),J

¶21

284-PKS/-

Udailal v. State

Case brief

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Udailal v. State

Case brief

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