Hon'ble Mr. Justice Manoj Kumar Garg allowed two bail applications seeking regular bail for offences under Sections 395 and 397 IPC. The Court granted bail considering the presentation of the challan and pending trial duration.
Petitioners released on bail on execution of personal bond of Rs.1,00,000/- each with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail Application No. 14020/2022
Vishnu @ Potiya S/o Shri Bada Ram, Aged About 21 Years, R/o Bijasni, Mata Road Kui, Tehsil Abu Road, P.s. Abu Road Sadar, District Sirohi.
(Lodged In Distt. Jail, Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. Bail Application No. 12775/2022
Mana Ram @ Manoj S/o Sh. Lasma Ram @ Laxman, Aged About 20 Years, R/o Chanar, Teh. Abu Road, Dist. Sirohi.
(Confined In Sub Jail, Abu Road).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Tribhuwan Singh Rathore Mr. Bhagirath Ray Bishnoi For Respondent(s) : Mr. S.K. Mehar, Public Prosecutor
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/11/2022
These two bail applications have been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 310/2022 registered at Police Station Abu Road Sadar, District Sirohi for the offences punishable under Sections 395 and 397 of IPC.
(2 of 2)
[CRLMB-14020/2022]
Learned counsel for the petitioners submits that similarly situated co-accused Shankar has already been enlarged on bail by this Court and the case of the present petitioner is similar to that of the co-accused. He submits that the challan has already been presented and no investigation is pending against the petitioner. The accused-petitioners are 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 accusedpetitioners.
Learned Public Prosecutor has vehemently opposed the bail application.
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 petitioners under Section 439 Cr.P.C.
Accordingly, both bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Vishnu @ Potiya S/o Shri Bada Ram; and (2) Mana Ram @ Manoj S/o Shri Lasma Ram @ Laxman shall be released on bail in connection with FIR No. 310/2022 registered at Police Station Abu Road Sadar, District Sirohi provided each of them execute personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their 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
132-133-Mak/-
1 issue framed by the court
Whether bail should be granted to the accused petitioners in connection with an FIR for offences under Sections 395 and 397 of the IPC.
1 provisions across 1 enactments
Vishnu @ Potiya S/o Shri Bada Ram
State Of Rajasthan, Through PP
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
