High Court at Jodhpur allowed bail under Section 439 Cr.P.C. for the petitioner, arrested for Section 379 IPC. The Court observed that despite opposing arguments, the trial duration justifies bail without expressing an opinion on the case merits.
Petitioner released on a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2029/2022
Vikash Singh S/o Inder Singh, Aged About 19 Years, Nandavat, P.s. Bheem, Dist. Rajsamand (Raj.). (Lodged In Sub Jail, Devgarh Dist. Rajsamand).
----Petitioner
Versus
State, Through Pp
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : Mr. |
Awar Dan Ujjwal | |
| For Respondent(s) | : Mr. |
Laxman Solanki, | P.P. |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
06/04/2022
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.12/2022, Police Station Devgarh, District Rajsamand, registered for the offence under Section 379 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that offence is triable by the Magistrate; that no investigation and recovery is pending against the accused-petitioner; that charge-sheet has been filed in the matter; that further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner.
On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that seven cases have been registered against the accused-petitioner.
(2 of 2)
[CRLMB-2029/2022]
Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate, charge-sheet has been filed and further trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Vikash Singh S/o Inder Singh, arrested in connection with F.I.R. No.12/2022, Police Station Devgarh, District Rajsamand, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
16-Bharti/-
1 issue framed by the court
Whether the petitioner deserves to be released on bail given the trial will take a sufficiently long time and no further investigation is pending.
1 provisions across 1 enactments
Vikash Singh
State
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
