The High Court allowed the bail application of Sanjay @ Sitaram accused in a case involving offences under IPC and Arms Act. The petition was based on false implication, long detention, and co-accused already on bail.
Accused-petitioner released on bail upon furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 17741/2022
Sanjay @ Sitaram Son Of Shri Vijay, Aged About 19 Years, Resident Of Khedameda, Police Station Kathumar, District Alwar(Raj.) (At Present Petitioner Is Confined In Central Jail, Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent For Petitioner(s) : Mr. Yunus Khan For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
19/12/2022
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 02.12.2022 passed by learned Court below for the offence under Sections 399, 402 & 473 IPC and Sections 3/25 & 25(6) of the Arms Act in FIR No. 394/2022 registered at Police Station Kathumar, District Alwar.
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. Co-accused persons have already been granted bail by the Hon’ble High Court. 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
(2 of 2)
[CRLMB-17741/2022]
bail bonds for his release. Therefore, the bail application deserves to be allowed.
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 namely Sanjay @ Sitaram Son Of Shri Vijay 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 /287
2 issues framed by the court
Whether the petitioner accused is entitled to bail in a bailable or non-bailable case involving offences under the IPC and Arms Act.
Whether the grant of bail is necessary in view of the length of trial and false implication allegations.
6 provisions across 3 enactments
Sanjay @ Sitaram Son Of Shri Vijay
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
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