This single-judge order grants bail to Ankit Sharma under Section 439 Cr.P.C. despite a charge-sheet, directing his release on a personal bond of Rs. 50,000 and two sureties.
Petitioner directed to be released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each under Section 439 Cr.P.C.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 15970/2021
Ankit Sharma S/o Shri Ratanlal Sharma, Aged About 23 Years, R/o Tajsar P.S. Sadar Fatehpur Dist. Sikar, At Present Tenant In The House Of Anil Ratanlal R/o Bhagat Singh Colony Near BSNL Office Nawalgarh P.S. Nawalgarh Dist. Jhunjhunu Raj. (At Present Confined In Dist. Jail Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rajesh Gadwal For Respondent(s) : Mr. Laxman Meena, PP Mr. Sunil Kumar Singodiya through VC
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
17/11/2021
This bail application has been filed by the accused petitioner under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No.439/2021 was registered at P.S. Nawalgarh, District Jhunjhunu 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.
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. Learned counsel
(2 of 2)
[CRLMB-15970/2021]
submits that the petitioner is a student and preparing for competitive examination. There are no criminal antecedents of the accused petitioner. Counsel further submits that the accused petitioner is behind bars since long. Charge-sheet has already been filed. Conclusion of the trial may likely to take time. Hence the accused petitioner be released on bail.
On the other hand, learned Public Prosecutor assisted by learned counsel for the complainant have opposed the bail application.
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.
Therefore, this bail application under Section 439 Cr.P.C. is allowed and it is directed that accused petitioner Ankit Sharma S/o Shri Ratanlal Sharma shall be released on bail 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.
(MADAN GOPAL VYAS),J
Ritu/10
1 issue framed by the court
Whether the accused petitioner is eligible to be released on bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Ankit Sharma
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
