Single Judge Bail Application allowed granting bail to accused lodged in judicial custody for Arms Act offence on personal bond with sureties.
Petitioner released on bail via 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. 12773/2022
Bharat Solanki S/o Prempal, Aged About 21 Years, R/o 73 Np At Present Ward No. 09, Raisinghnagar, Police Station Raisinghnagar, District Sri Ganganagar. (At Present Lodged In Sub Jail, Raisinghnagar)
----Petitioner
Versus
State Of Rajasthan-State, Through Pp
----Respondent
For Petitioner(s) : Mr. RS Choudhary For Respondent(s) : Mr. Muktiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/09/2022
The petitioner has been arrested in connection with FIR No.212/2022 of Police Station Raisinghnagar, District Sri Ganganagar for the offence punishable under Section 3/25(1-B) (A) of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the offence is triable by the Magistrate and 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 vehemently opposed the bail application.
(2 of 2)
[CRLMB-12773/2022]
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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bharat Solanki S/o Prempal shall be released on bail in connection with FIR No.212/2022 of Police Station Raisinghnagar, District Sri Ganganagar 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
243-MS/-
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in connection with an Arms Act offence triable by a Magistrate.
2 provisions across 2 enactments
Bharat Solanki
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
