The High Court of Rajasthan at Jodhpur allowed the second bail application of the accused, Sunil, arrested under IPC Sections 451, 354, and 354-G. The court granted bail after noting that the challan was presented and no investigation remained pending.
Petitioner directed to be released on bail upon execution of a personal bond of Rs. 1,00,000 with sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5183/2022
Sunil S/o Shri Nand Lal, Aged About 22 Years, R/o Bhagwanpura, Presently R/o Jyoti Nagar, Bhilwara Kotwali Police Station, Bhilwara, District Bhilwara. (Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Tirath Raj Singh Sodha For Respondent(s) : Mr. Javed Gauri PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/04/2022
The petitioner has been arrested in connection with FIR No.387/2021 of Police Station Bijoliya, District Bhilwara for the offences punishable under Sections 451, 354 & 354-G of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed by this Court vide order dated 29.11.2021.
Counsel for the petitioner submits that now challan of the case has been presented and no investigation is pending against the petitioner. Counsel further submits that no challan under IT Act has been filed against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail application.
(2 of 2)
[CRLMB-5183/2022]
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sunil S/o Shri Nand Lal shall be released on bail in connection with FIR No.387/2021 of Police Station Bijoliya, District Bhilwara provided he executes a personal bond in a sum of Rs.1,00,000/-each with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of 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.
(MANOJ KUMAR GARG),J
37-Samvedana/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner in the interest of justice when no investigation is pending.
2 provisions across 2 enactments
Sunil S/o Shri Nand Lal
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
