Allowed

Daya Ram v. State

Rajasthan HC1 Apr 2022CRLMB/3738/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court of Rajasthan, Jodhpur granted bail to three accused in a theft and cheating case triable by a Magistrate. The Court emphasized the length of the trial and lack of pending investigation as grounds for release on personal and surety bonds.

What did the court decide?

Accused released on bail upon furnishing a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each to satisfy the trial Court.

Daya Ram Vs State — Bail and Remand | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 3738/2022

¶3

Daya Ram S/o Uma Ram, Aged About 19 Years, R/o Itandda Mertiyan Ps Rani Distt. Pali (Lodged In Sub Jail Bali)

¶4

Ashok Kumar S/o Narayan Lal, Aged About 21 Years, R/o Itandda Mertiyan Ps Rani Distt. Pali (Lodged In Sub Jail Bali)

¶5

Dilip S/o Madan Lal, Aged About 19 Years, R/o Itandda Mertiyan Ps Rani Distt. Pali (Lodged In Sub Jail Bali)

----Petitioners

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Singh Chouhan For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

¶11

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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01/04/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who is in judicial custody in connection with F.I.R. No. 13/2022, Police Station Rani, District Pali, registered for the offences under Sections 457 & 380 of the IPC.

¶15

Learned counsel for the petitioners submits that the offences are triable by Magistrate. The accused-petitioners are in judicial custody since 01.02.2022; no investigation is pending against the accused petitioners and the trial of the case will take sufficient long time to be concluded, therefore, the benefit of bail should be granted to the petitioner.

¶16

(2 of 2)

¶17

[CRLMB-3738/2022]

¶18

Per contra, learned Public Prosecutor opposed the bail application of the accused-petitioner stated that five another cases are registered against the accused petitioners.

¶19

Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor.

¶20

Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by Magistrate; 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 petitioners deserve to be accepted.

¶21

Consequently, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners, (1). Daya Ram S/o Uma Ram, (2). Ashok Kumar S/o Narayan Lal and (3). Dilip S/o Madan Lal arrested in connection with F.I.R. No. 13/2022, Police Station Rani, District Pali, shall be released on bail provided they furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) and two surety bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the 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.

¶22

(DEVENDRA KACHHAWAHA),J

¶23

99-KshamaD/-

Daya Ram v. State

Case brief

What is this about?

What did the court decide?

Daya Ram v. State

Case brief

What is this about?

What did the court decide?

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