In bail applications under Section 439 Cr.P.C., the High Court at Jodhpur granted bail to two accused persons charged with offences under IPC Sections 457, 380, 411, and 120-B, directing their release on personal bond with sureties.
Bail allowed; release on 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 RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6662/2022
Gopal S/o Bodhuram, Aged About 33 Years, R/o Gyan Baba Ki Dhani Samalpura Ps Nairna Dist. Jaipur Rural (Presently Lodged In Dist. Jail Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6965/2022
Rudhmal @ Kajodmal S/o Shri Ramuram, Aged About 36 Years, R/o Bhaduo Ki Dhani Hirnoda Ps Phulera Jaipur Raj. (At Present Lodged At Dist. Jail Nagaur)
----Petitioner
| State Of Rajasthan, | Versus Through Pp ----Respondent |
|---|---|
| For Petitioner(s) | : Mr. Rishabh Handa. Mr. Jitender Singh Bhaleria. |
| For Respondent(s) | : Mr. Anees Bhurat,P.P. |
HON'BLE MR. JUSTICE KULDEEP MATHUR Order
07/11/2022
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the case file as well as material available on record.
The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R. No.573/2021, registered at Police Station Kotwali, District Nagaur for the offences under Sections 457, 380, 411, 120-B IPC
(2 of 2)
[CRLMB-6662/2022]
against Gopal S/o Bodhuram and offence under Sections 457 and 380 IPC against Rudhmal @ Kajodmal S/o Shri Ramuram.
Learned counsel for the petitioners submits that the offences alleged to have been committed by the petitioners are triable by Magistrate. The petitioners are innocent persons and have falsely been implicated in the criminal case. The accused-petitioners are
in judicial custody and trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
Learned Public Prosecutor has opposed the bail application.
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 petitioners under Section 439 Cr.P.C.
Accordingly, the bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Gopal S/o Bodhuram and Rudhmal @ Kajodmal S/o Shri Ramuram shall be released on bail in connection with F.I.R. No.573/2021, registered at Police Station Kotwali, District Nagaur provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(KULDEEP MATHUR),J
13-14. Prashant
3 issues framed by the court
Whether bail should be granted to the accused petitioners triable by Magistrate Court in the facts and circumstances of the case.
Whether the petitioners are innocent persons falsely implicated in the criminal case.
Whether the long trial period warrants grant of bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Gopal S/o Bodhuram
Rudhmal @ Kajodmal S/o Shri Ramuram
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
