The Hon'ble High Court of Rajasthan allowed a bail application filed under Section 439 Cr.P.C. granting the petitioner release on a personal bond with two sureties pending the trial for alleged robbery.
Release on bail with 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. 16003/2022
Rahul Son Of Shri Ramesh, Resident Of Gumat Mohalla, Nayabas, Police Station Badi, District Dholpur At Present Care Of Hariom Vakil Ka Makan, Bhamatipura, Police Station Kotwali, Dholpur (Raj.)
( At Present Confined In Distt. Jail Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr.Dushyant Jain, Adv. For Respondent(s) : Mr.S.S.Mahla, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/11/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.441/2022, Police Station Nihalganj, Dholpur for the offence under Section 382 of the IPC.
Learned counsel for the petitioner submits that the offence alleged to have been committed by the petitioner is triable by Magistrate. It is further contended that similarly situated coaccused Ritik @ Cheepa has already been granted bail by coordinate Bench of this Court. The petitioner is in judicial custody and the trial of the case will take sufficient long time for disposal. Therefore, the benefit of bail should be granted to the petitioner.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-16003/2022]
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rahul Son Of Shri Ramesh shall be enlarged on bail in FIR No.441/2022, Police Station Nihalganj, Dholpur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
124 NK/
1 issue framed by the court
Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. considering the nature of the offence and the trial timeline.
2 provisions across 2 enactments
Rahul Son Of Shri Ramesh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
