The High Court of Rajasthan allowed bail to the petitioner, arguing that the offense is triable by a First Class Magistrate, the charge-sheet has been filed, and the trial will take time, despite the objection regarding multiple pending cases.
Petitioner shall be released on bail on furnishing a personal bond of Rs.50,000 with two surety bonds of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 483/2022
Rajesh S/o Harish, Aged About 19 Years, R/o Paniyal Police Thana Sadar District Banswara. (At Present Lodged In District Jail Banswara)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
| For Petitioner(s) | : Mr. Jitendra Ojha through VC |
|---|---|
| For Respondent(s) | : Mr. Vikram Sharma,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
08/02/2022
In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.
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.487/2021, Police Station Kotwali Banswara, District Banswara, registered for the offence punishable under Section 392/34 of the Indian Penal Code.
Heard and considered arguments advance by learned counsel for the petitioner through video conferencing and learned Public
(2 of 3)
[CRLMB-483/2022]
Prosecutor, present-in-person. Perused the material available on record.
Learned counsel for the petitioner stated that offence is triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars since 08.12.2021; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that five other cases are registered against the accused-petitioner out of which, three cases are of similar nature. It is further stated that one scooty has been recovered from the accused-petitioner.
In reply, learned counsel for the petitioner stated that cases registered against the petitioner mentioned at S.Nos.3, 4 and 5 are consecutively registered at same Police Station.
Having regard to the facts and circumstances of the case, particularly looking to the facts that offence is triable by the First Class Magistrate; charge-sheet has been filed; accused-petitioner is behind the bars since 08.12.2021; and 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.
(3 of 3)
[CRLMB-483/2022]
Consequently, the bail application is allowed. It is ordered
that the petitioner, Rajesh S/o Harish, arrested in connection with F.I.R. No.487/2021, Police Station Kotwali Banswara, District Banswara, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/with two surety bonds of Rs.25,000/- 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.
(DEVENDRA KACHHAWAHA),J
8-Rashi/-
3 issues framed by the court
Whether bail should be granted to the petitioner who is in judicial custody.
Whether the delay in appointment of defense counsel justifies bail.
Whether the facts necessitate keeping the accused in custody.
1 provisions across 1 enactments
Rajesh S/o Harish
State of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
