The High Court allowed bail to the petitioner arrested in connection with an FIR for offences under Sections 406, 420, and 120 B IPC, holding it just and proper given the nature of the offence.
Petitioner enlarged on bail on furnishing personal bond of Rs. 50,000/- with 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 P MASTHAN
BENCH AT JAIPUR
s.B. criminal Miscellaneous Bail Application NO, 2727/2022
Rajesh Sharma S/o Kanhi~a Lal, R/o Mali Mohalla Kekri Ps Kekri Distt. Ajmer At Present Aditya Aawas Ps Borkheda Dist-. Kota Raj. (~t Present Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through Pp
v.
. -. , , ----Respondent
- *-
3-_ -
-a
For ~etition6rCs)' : Mr. Dinesh Singh through VC
, '.
For es$$a+int(s) L : Mr. M.S. Saini, PP -. f:+ ,
.f, JAW. - -.
'".y
-,
HON'BLE MR. JUSTICE FARJAND ALI - Order . -. , ,. _ +. - . - - . -. . -, . . a 21/04/2022 * , 5 -,. -'_ I . 8 t - t - , . 1. The instant bail application . -has . been-filed under Section 439 Cr.P.C. on behalf of accused-petitioner Rajesh Sharrna S/o Kanhiya Lal. The petitioner has been i arrested 'in connection with FIR No. . . 244/2021 registered at police -, station' . I_r :Borkheda, , . . District Kota for . - . . the offence(s) under ectiolij- I , 406'a-nd:,120 , . - ., B of IPC. - % 420, ,. l*,I _.."J_ -->'. . -,: , - , . ' - - . .- 2,Learned counsel&~~~:fha. accke&betitioner submits that a _I 3.. A - , .-" false case has been fdisted againstlthe-:petitiontr. The case is triable by the court of Magistrate. He is behind the bars since 03.01.2022. No useful purpose would be sewed by keeping him behind the bars till disposal'of the case. 3, Per contra, learned Public Prosecutor opposed the bail application. 4. Heard learned counsel for both the parties, perused the entire material made available on record. considering the
arguments advanced by the counsel for the parties and looking to the overall fads and circumstances of the case, this court deems it just and proper to enlarge the Petitioner on bail.
5, ~~cordingl~, 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 -, athi ., 'ear'ied + trial. J&@ for his appearance .. ,-.- . before the A& cogrt'concerned on all the dates -of 'hearing as and . .. . '.\ r when callS:.~dpon to do so. ,C&'..' '.+
(FA WAND ALI) ,J
GAURAV SHARMA /28
1 issue framed by the court
Whether the accused-petitioner is entitled to be enlarged on bail under Section 439 CrPC in an offence under Sections 406, 420 and 120 B IPC.
1 provisions across 1 enactments
Rajesh Sharma S/o Kanhiya Lal
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
