High Court allowed bail petitioners arrested under IPC and Arms Act charges for Magistrate offences. Court deemed it just and proper to enlarge them on bail due to length of custody and charge sheet filing.
Petitioners released on bail undertaking to furnish personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 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. 3705/2021
----Accused-Petitioners
Versus
State Of Rajasthan, Through Its Public Prosecutor
----Non-Petitioner
For Petitioner(s) : Mr. Sanjay Tyagi For Respondent(s) : Mr. Laxman Meena, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
01/04/2021
The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.80/2021 registered at Police Station Kotputli, District Jaipur Rural for the offence under Section(s) 392 & 34 of IPC and under Section(s) 3 & 25 of Arms Act and later on for the offence under Section(s) 392, 408, 201 & 120-B of IPC.
Learned counsel for the petitioners contended that they have falsely been implicated in this case. He submitted that the petitioners are in custody for last about two months, offences are triable by Magistrate, they have no criminal antecedents, charge sheet has been filed and prayed for their release on bail.
(2 of 2)
[CRLMB-3705/2021]
Learned Public Prosecutor has opposed the bail application.
Taking into consideration the submissions advanced by learned counsel for the petitioners, the nature of allegation against them, their length of custody, filing of charge sheet, the material contained therein, the offences being triable by Magistrate and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Sanjeev S/o Shri Hajari Lal & 2. Gulshan S/o Shri Hajari Lal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/(Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
DANISH USMANI /01
2 issues framed by the court
Whether the bail application filed under Section 439 Cr.P.C. should be allowed given the nature of allegations, length of custody, and absence of criminal antecedents.
Whether a personal bond and sureties were required for the release of the accused on bail.
2 provisions across 1 enactments
Sanjeev S/o Shri Hajari Lal
Gulshan S/o Shri Hajari Lal
State Of Rajasthan
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
