In a bail application u/s 439 Cr.P.C., the High Court allowed the release of the accused-petitioner, Banti S/o Ramgopal, concerned with offences under Sections 341, 323, 325, 308 and 379 IPC.
Accused-petitioner released on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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. 17352/2022
Banti S/o Ramgopal, R/o Haripura, P.s. Aklera, Jhalawar, At Present Suvalaka Building Patthar Mandi, Anantpura, Kota (Raj) ( At Present The Petitioner Is Confined In The District Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. Hitesh Jain For Respondent(s) : Mr. C.G. Chopra, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
16/12/2022
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 18.11.2022 passed by learned Court below for the offence under Sections 341, 323, 325, 308 & 379 IPC in FIR No. 370/2022 registered at Police Station Anantpura, District Kota.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The accused-petitioner has nothing to do with the alleged offences. He is behind the bars since long time. Trial of the case is likely to take a long time to conclude and till then, his further incarceration would not serve any fruitful purpose. He is ready and willing to furnish bail bonds for his release. Therefore, the bail application deserves to be allowed.
(2 of 2)
[CRLMB-17352/2022]
Learned Public Prosecutor has vehemently opposed the bail application.
Heard learned counsel for the parties and perused the material available on record.
Taking into consideration the submissions put forth and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.
Therefore, the bail application is allowed. Accused-petitioner Banti S/o Ramgopal shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/- (Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /284
2 issues framed by the court
Whether the accused-petitioner deserves to be enlarged on bail in a case u/s 341, 323, 325, 308 & 379 IPC.
Whether the impugned order passed by the learned Court below for rejection of bail application should be modified.
1 provisions across 1 enactments
Banti S/o Ramgopal
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
