Allowed

Bhagirath @ Tocha v. State

Rajasthan HC2 Mar 2022CRLMB/718/2022

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Devendra Kachhawaha allowed the bail application filed under Section 439 Cr.P.C. The Court released the petitioner on bail, noting that the trial would take sufficient time. The petitioner must furnish a personal bond and two surety bonds to the satisfaction of the trial court.

What did the court decide?

Petitioner granted bail with a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the trial court.

Bhagirath @ Tocha Vs State — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 718/2022

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Bhagirath @ Tocha S/o Sukh Ram, Aged About 32 Years, R/o Sonadi, Police Station Sedwa, District Barmer. (At Present Lodged At Sub Jail Bhinmal)

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----Petitioner

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Versus

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State of Rajasthan through PP

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For Petitioner(s)	:	----Respondent Mr. K.L. Vishnoi
For Respondent(s)	:	Mr. Shrawan Bishnoi,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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02/03/2022

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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.606/2021, Police Station Bhinmal, District Jalore, registered for the offence punishable under Sections 353 & 307 of the Indian Penal Code, Section 3 of PDPP Act and Section 3/25 of the Arms Act.

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Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that except Section 307 of the IPC, all other offences are triable by Magistrate; charge-sheet has been filed; allegation of using fire arms has been levelled against co-accused Jogaram and not against the petitioner; and trial will take time. With these submissions,

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(2 of 2)

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[CRLMB-718/2022]

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learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that seven other cases have been registered against the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that except Section 307 of the IPC, all other offences are triable by the First Class Magistrate; chargesheet has been filed; 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.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Bhagirath @ Tocha S/o Sukh Ram, arrested in connection with F.I.R. No.606/2021, Police Station Bhinmal, District Jalore, 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.

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(DEVENDRA KACHHAWAHA),J

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54-Rashi/-

Bhagirath @ Tocha v. State

Case brief

What is this about?

What did the court decide?

Bhagirath @ Tocha v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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