In a bail application relating to offences under Sections 323, 326, 384, 307 and 34 of IPC, the High Court granted bail to the accused-petitioner on a personal bond with sureties without expressing an opinion on the merits of the case.
Petitioner released on bail on a personal bond of Rs.1,00,000 with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11972/2022
Kuldeep Singh S/o Late Laxman Singh, Aged About 23 Years, R/o Maruti Nagar, Behind New Look School, Kota Road, Bhilwara. (At Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Rakesh Matoria |
|---|---|
| For Respondent(s) | : Mr. S.K. Mehar,PP. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/09/2022
The petitioner has been arrested in connection with FIR No.472/2022 of Police Station Pratapnagar, District Bhilwara, for the offence punishable under Sections 323, 326, 384, 307 and 34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C. Earlier the first bail application was dismissed as not pressed vide order dated 01.08.2022.
Learned counsel for the petitioner submits that name of the petitioner was not mentioned in the FIR and as per the statement of injured Devkishan, he did not identified the persons, who inflicted injury to him. Challan of the case has already been presented. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioner.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-11972/2022]
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kuldeep Singh S/o Late Laxman Singh shall be released on bail in connection with FIR No.472/2022 of Police Station Pratapnagar, District Bhilwara, provided he executes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
119-Ishan/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. given the pendency of the trial and the circumstance that his name was not mentioned in the FIR.
1 provisions across 1 enactments
Kuldeep Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
