This bail application under Section 439 Cr.P.C. was allowed pending the trial of serious offences including rioting and attempt to murder. The petitioner was released on a personal bond of Rs. 1 lakh with two sureties of Rs. 50,000 each without commenting on case merits.
Enlarged on personal bond of Rs. 1 lakh with two sureties of Rs. 50,000 each each as per order terms.
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. 8264/2022
Banwari Lal S/o Sh. Heera Ram, Aged About 27 Years, R/o Radka Bera Padiyal, Bhojasar Police Station, Jodhpur, Dist. Jodhpur. (Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6090/2022
Ashok
----Petitioner
Versus
| State of Rajasthan | ---- |
|---|---|
| For Petitioner(s) | : Mr. Vijay Raj Bishnoi Mr. SanjayBishnoi |
| For Respondent(s) | : Mr. Anil Joshi,GA cum AAG |
----Respondent
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/07/2022
Bail Application No. 8264/2022:-
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.281/2021 Police Station Dechu, District Jodhpur for the offence punishable under Sections 147, 148, 149, 341, 427 and 307 of the IPC.
Learned counsel for the petitioner submits that similar situated co-accused persons, viz., Rakesh and Bhagirat have
(2 of 2) [CRLMB-8264/2022]
already been granted bail by this Court and co-accused Mahi Ram has already been granted bail by trial Court and the case of the present petitioner is not distinguishable from that of the coaccused; the petitioner is in the judicial custody; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned GA-cum-AAG has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Banwari Lal S/o Sh. Heera Ram, shall be enlarged on bail in FIR No.281/2021 Police Station Dechu, District Jodhpur provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- 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.
Bail Application No.6090/2022:-
List the matter after six weeks, as prayed.
(MANOJ KUMAR GARG),J
80-81-Rashi/-
1 issue framed by the court
Whether to grant bail to the accused-petitioner on the merits or as a general expediency measure.
1 provisions across 1 enactments
Banwari Lal S/o Sh. Heera Ram
State of Rajasthan through PP
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
