Allowed

Ganesh v. State of Rajasthan

Rajasthan HC19 Dec 2022CRLMB/16064/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court of Rajasthan allowed the bail of the petitioner who was arrested for offences under various sections of the IPC. Relying on the principle that indefinite detention may violate fundamental rights and considering the lack of prosecution efforts, the court ordered the petitioner's release on bail subject to furnishing a personal bond

What did the court decide?

Awarded bail on a personal bond of Rs. 50,000/ with two sureties of Rs. 25,000/ each to the satisfaction of the learned trial Judge.

Ganesh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR.

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….

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S.B. Criminal Misc. Bail Application No. 16064/2022

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Ganesh S/o Chhagan, Aged About 23 Years, R/o Odwadiya, Khemli, Tehsil Mawli, District Udaipur. (Raj.)

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(At Present Lodged In Central Jail, Udaipur).

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----Petitioner

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Versus

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State Of Rajasthan through PP

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----Respondent

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For Petitioner(s)	: Mr. O.P. Sangwa.
For Respondent(s)	: Mr. Mukhtiyar Khan,PP.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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19/12/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Ganesh S/o Chhagan. The petitioner has been arrested in connection with FIR No. 151/2018 registered at Police Station Mawli, District Udaipur for the offences under Sections 458, 459, 382, 395, 397 and 149 of the Indian Penal Code.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has not been named in the FIR. The recovery allegedly made from the petitioner is nothing but a farce. The accused-petitioner is behind the bars since last four years. No sincere efforts have been made by the prosecution to complete the trial. Learned counsel further submits that the long

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(2 of 2)

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[CRLMB-16064/2022]

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incarceration of the accused is violative of his fundamental rights otherwise guaranteed by the Constitution of India. Trial is likely to take long time to conclude. No fruitful purpose would be served by keeping the accused-petitioner behind the bars till disposal of the case. Learned counsel has placed reliance on the judgment passed by this Court in the case of Suraj Vs. State of Rajasthan (S.B. Criminal Misc. Second Bail Application No. 12906/2022, decided on 27.08.2022) and thus pleaded that the accused cannot be detained in custody for indefinite period pending trial.

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Per contra, learned Public Prosecutor has vehemently opposed the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accusedpetitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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.

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(FARJAND ALI),J

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272-Mohan/-

Ganesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ganesh v. State of Rajasthan

Case brief

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What did the court decide?

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