In this bail application under Section 439 Cr.P.C., the High Court allowed the petitioner's request for release on bond and sureties despite the Public Prosecutor's opposition, without expressing an opinion on the merits of the case.
Petitioner released on bail subject to 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. 20906/2021
Ajeet S/o Jogendra Singh, Aged About 27 Years, R/o Siriyasar Kalan, P.S. Sadar Jhunjhunu, District Jhunjhunu.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ankush Sharma 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.04/2021-22 was registered at Abakari Nirodhak Dal, District Jhunjhunu (Rural) 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. Counsel further submits that alleged offences are triable by First Class Magistrate. Counsel further submits that the accused petitioner is behind the
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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 and submitted that the petitioner is a habitual offender.
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 Ajeet S/o Jogendra Singh 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.
However, it is directed that if the accused-petitioner commits such type of offence/s after his release on bail, the Public Prosecutor appearing for the State shall be at liberty to move application for cancellation of bail.
(MADAN GOPAL VYAS),J
CHARU/86
1 issue framed by the court
Whether the accused under Section 439 Cr.P.C. should be released on bail in the given factual matrix.
1 provisions across 1 enactments
Ajeet S/o Jogendra Singh
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
