The High Court granted bail to the petitioner under Section 439 Cr.P.C. in a criminal case, ordering his release upon furnishing a personal bond and two sureties, without commenting on the merits of the allegations.
Petitioner released on bail providing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16068/2021
Pramod Kumar S/o Rampratap, Aged About 21 Years, R/o Jantwali P.S. Mukundgarh Dist. Jhunjhunu Raj. (At Present In Dist. Jail Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Vijay Punia For Respondent(s) : Mr. Ramesh Choudhary, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
16/11/2021
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.197/2021 was registered at P.S. Mukundgarh, 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. Prosecutrix is above 17 years of age and she herself was a consenting party. Allegations levelled against the petitioner are totally false. Charge-
(2 of 2) [CRLMB-16068/2021]
sheet has already been filed. Counsel further submits that the accused petitioner is behind bars since 10.08.2021. Conclusion of the trial may likely take time. Hence the accused petitioner be released on bail.
On the other hand, learned Public Prosecutor has 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 Pramod Kumar S/o Rampratap 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/14
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. despite the dismissal of his earlier bail application by the trial court.
1 provisions across 1 enactments
Pramod Kumar S/o Rampratap
State Of Rajasthan, Through PP
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
