The High Court allowed bail to the accused, affirming he had been imprisoned for a long time and the trial might take time.
Petitioner released on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 20819/2021
Balaram Son Of Lalaram, Aged About 21 Years, R/o Bhandiyawas Kudi, Police Station Panchbhadra, District Barmer ( Raj.) (At Present Accused Confined In District Jail Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through Its Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Rajesh Gadwal For Respondent(s) : Mr. S.S. Ola, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
20/12/2021
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.0579/2021 was registered at P.S. Chirawa, 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. Petitioner has no criminal antecedents. The alleged offences are triable by the First Class Magistrate. Counsel further submits that the accused
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[CRLMB-20819/2021]
petitioner is behind bars since long. 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 Balaram S/o Lalaram 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/77
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Balaram S/o Lalaram
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
