Hon'ble Justice Anoop Kumar Dhand allowed the second bail application in connection with offences under Sections 323, 341, 509 & 354 of IPC, granting indulgence once the charge-sheet was filed pending trial.
Release on bail subject to personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 17945/2022
Mohit Sahu Son Of Kaluram, Aged About 22 Years, R/o Opposite Gopal Dwara Dhan Mandi, Purana Sahar, Kishangarh, District Ajmer, At Present Vyas Gali, Pinari Chowk, Purana Sahar Kishangarh, P.s. Kishangarh District Ajmer.
(At Present Confined In Central Jail Ajmer District Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Manish Kumar, Adv. For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
16/12/2022
This 2nd bail application under Section 439 Cr.P.C. has been filed by petitioner in connection with FIR No.160/2022, registered at Police Station Kishangarh, District Ajmer wherein he is charged for offences punishable under Sections 323, 341, 509 & 354 of IPC.
Learned counsel for the petitioner submits that the first bail application of the petitioner was dismissed with liberty to file a fresh bail application after submission of the charge-sheet. Learned counsel for the petitioner further submits that after completion of investigation, charge-sheet has been submitted and the trial will take long time, so indulgence of bail may be extended to the petitioner.
(2 of 2)
[CRLMB-17945/2022]
Per contra, learned Public Prosecutor opposed the 2nd bail application.
Considering the arguments put forward by learned counsel for the parties and looking to the fact that charge-sheet has been submitted and the trial will take long time to conclude, without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C.
Accordingly, the 2nd bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Mohit Sahu Son of Kaluram arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ANOOP KUMAR DHAND),J
Pravesh/124
1 issue framed by the court
Whether second bail application granted despite circumstances of the case not being examined on merits.
1 provisions across 1 enactments
Mohit Sahu
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
