Allowed

Gyarsilal Son of Shri Samlya Mogya v. State of Rajasthan

Rajasthan HC7 Apr 2021CRLMB/3921/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan ordered the enlargement on bail of the accused-petitioner Gyarsilal under Section 439 Cr.P.C. in an FIR involving IPC offences triable by Magistrate, considering the completion of investigation and length of custody, subject to furnishing a personal bond and sureties.

What did the court decide?

Petitioner allowed bail under Section 439 Cr.P.C.; directed to furnish personal bond of Rs. 1,00,000 and two sureties in Rs. 50,000 each to the satisfaction of the trial court.

Gyarsilal Son of Shri Samlya Mogya Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3921/2021

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Gyarsilal Son of Shri Samlya Mogya, Aged About 25 Years, Resident Of Kheda Malooka Nagar, (Mehru), Police Station Malpura, Distt. Tonk. (At Present Lodged In Central Jail, Ajmer)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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For Petitioner(s)	:	Mr. S. Gaharana, Mr. G.K. Sharma	----Non-Petitioner
For Respondent(s)	:	Mr. S.S. Ola,P.P.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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07/04/2021

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.551/2020 registered at Police Station Kekri, District Ajmer for the offence under Section(s) 366, 376, 323, 324, 458 & 143 IPC and later on for the offence under Section(s) 365, 342, 325 & 458 read with Section 34 IPC.

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Learned counsel for the petitioner contended that he has falsely been implicated in this case. With regard to his criminal antecedents, learned counsel submitted that one of the cases has been disposed of on the basis of compromise between the parties; whereas, in another case, while acquitting the petitioner under Section 307 IPC, he was given benefit of probation under Section 12 of Probation of Offenders Act, 1958. Relying on the compromise dated 18.02.2021, learned counsel submitted that

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(2 of 2)

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[CRLMB-3921/2021]

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dispute has amicably been settled between the parties. He submitted that the petitioner is in custody since 15.02.2021, investigation as against him is complete, offences are triable by Magistrate and prayed for his release on bail.

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Learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody and the offences being triable by Magistrate; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application is allowed and it is directed that accused-petitioner Gyarsilal Son of Shri Samlya Mogya 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.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 he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /19

Gyarsilal Son of Shri Samlya Mogya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gyarsilal Son of Shri Samlya Mogya v. State of Rajasthan

Case brief

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