This bail application allowed release of petitioner Banturam on a personal bond with sureties under Section 439 Cr.P.C., noting prolonged judicial lockup without expressing opinion on merits.
Petitioner released on bail under Section 439 Cr.P.C. on 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 3rd Bail Application No. 188/2021
Banturam S/o Shri Nanigaram, R/o Vill. Unapur P.S. Weir Dist. Bharatpur Raj. (At Present Confined In Sub Jail Bayana Dist. Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Nitin Jain, Advocate and Mr. Balveer Singh Beniwal, Advocate For Respondent(s) : Mr. S.S.Ola, PP Mr. Dharmendra Sharma and Mr. Jaley Singh, Advocates
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
18/01/2021
This bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No.122/2020 was registered at P.S. Weir Distt. Bharatpur 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 petitioner has contended coaccused person namely Rajendra Singh @ Ravi S/o Shri Ramesh Chand has been granted bail by this court vide order dated 21.07.2020 and the case of the petitioner is not distinguishable to
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[CRLMB-188/2021]
that of co-accused. Challan has already been filed. There is no such injury dangerous to life. Counsel further submits that the earlier two bail applications filed by the accused petitioner were not decided on merits. It is also contended that the accused petitioner is in judicial lockup since long, trial of the case is likely to 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 is allowed and it is directed that accused petitioner Banturam S/o Shri Nanigaram shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/(Rupees fifty thousand) together with two sureties in the sum of Rs.25,000/- (Rupees twenty five thousand) 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.
(GOVERDHAN BARDHAR),J
Ritu/21
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. in view of the facts and circumstances of the case.
1 provisions across 1 enactments
Banturam S/o Shri Nanigaram
State Of Rajasthan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
