Allowed

Bharat S/O Shri Soneram v. State of Rajasthan

Rajasthan HC19 Jul 2022CRLMB/4523/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan examined a bail application filed under Section 439 Cr.P.C. The petitioner, confined since September 2021, challenged an order in Sections 382 and 384 IPC. Considering the trial court’s jurisdiction, the petitioner's history, and the case’s nature, the court deemed it just and proper to grant bail.

What did the court decide?

Enlargement of the accused-petitioner on bail upon furnishing a personal bond of Rs.50,000/- alongside two sureties of Rs.25,000/- each.

Bharat S/O Shri Soneram Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 4523/2022

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Bharat S/o Shri Soneram, R/o Atiraj Ka Pura Jwansingh Ka Adda, Lekhpura Road, Police Station Kanchanpur, District Dholpur (Accused Petitioner Presently Confined In Dholpur Jail)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent For Petitioner(s) : Mr. Kumud Singh For Respondent(s) : Mr. MS Saini, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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19/07/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Bharat S/o Shri Soneram against the impugned order dated 04.12.2021 passed by learned Court below for the offence under Sections 382 & 384 IPC in FIR No. 135/2017 registered at Police Station Kanchanpur, District Dholpur.

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Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. The accusedpetitioner has nothing to do with the alleged offences. The case is triable by the court of Magistrate. He is behind the bars since 08.09.2021. Trial is likely to take long time to conclude. No fruitful purpose would be served by keeping the accused-petitioner behind the bars till disposal of the case.

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(2 of 2)

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[CRLMB-4523/2022]

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Per contra, learned Public Prosecutor has opposed the bail application.

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Heard learned counsel for the parties. Perused the entire material made available on record. Although, there is a long list of his involvement in criminal cases in some of which he has been acquitted but looking to the long incarceration and the case is exclusively triable by the Court of Magistrate, thus, considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, 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 the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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SAHIL SONI /21

Bharat S/O Shri Soneram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bharat S/O Shri Soneram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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