Justice Madan Gopal Vyas allowed the bail application of the accused petitioner. The court released him on bond upon furnishing a personal bond and two sureties, noting his imprisonment and the likely delay in trial.
Release of petitioner on bail on personal bond of Rs. 50,000 with 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. 19649/2021
Suresh Kumar Gurjar S/o Kanaram Gujar, Aged About 30 Years, Resident Of Aantri P.S. Sadar District Sikar ( Raj.) ( At Present Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. Brahma Nand Sandu Mr. Parth Sarthi Sandu For Respondent(s) : Mr. S.S. Ola, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
13/12/2021
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.378/2021 was registered at P.S. H.Q. ACB Jaipur, District ACB Jhalawar 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 submits that co-accused Nathulal has been granted benefit of bail under Section 439 Cr.P.C. by this Court vide order dated
(2 of 2)
[CRLMB-19649/2021]
29.11.2021. 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 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 Suresh Kumar Gurjar S/o Kanaram Gujar 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/12
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. considering his false implication and prolonged detention.
1 provisions across 1 enactments
Suresh Kumar Gurjar
State of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
