Second bail application filed under Section 439 CrPC by petitioner in custody for I.T. Act and IPC offences. Court allowed bail without deciding merits, directing furnishing of personal and surety bonds.
Petitioner released on bail subject to personal bond of Rs. 50,000 and two surety bonds 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 Misc. 2nd Bail Application No. 891/2022
Pappu Ram S/o Shankar Lal, Aged About 23 Years, R/o Biratiya Kallan, Police Station Raipur, Tehsil Raipur, District Pali. (At Present Lodged In Sub Jail, Jaitaran)
----Petitioner
Versus
State of Rajasthan through PP
| For Petitioner(s) | : Mr. |
----Respondent B. R. Bishnoi through VC |
|---|---|---|
| For Respondent(s) | : Mr. |
A. R. Choudhary,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
04/02/2022
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 second 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.424/2021, Police Station Raipur, District Pali, registered for the offence punishable under Sections 67 & 67-A of the I.T. Act and Sections 354D(ii) & 506 of the Indian Penal Code.
(2 of 3)
[CRLMB-891/2022]
In compliance of Court's earlier order dated 21.01.2022, learned Public Prosecutor has submitted C.O. Diary for perusal of Court.
Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.15857/2021) liberty was granted to file a fresh bail application after filing of charge-sheet vide order dated 09.12.2021; thereafter, charge-sheet has been filed; petitioner has falsely been implicated in this case; petitioner is behind the bars since 11.11.2021; 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 as per C.O. Diary, some alleged photographs of the complainant are available in the C.O. Diary and looking to those alleged photographs benefit of bail may not be granted to the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; accused-petitioner is behind the bars since 11.11.2021; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the
(3 of 3)
[CRLMB-891/2022]
opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the second bail application is allowed. It is ordered that the petitioner, Pappu Ram S/o Shankar Lal, arrested in connection with F.I.R. No.424/2021, Police Station Raipur, District Pali, 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
140-Rashi/-
2 issues framed by the court
Whether the bail application of the petitioner lodged in judicial custody deserves to be accepted.
Whether the petitioner should be released on bail subject to furnishing a personal bond and surety bonds.
1 provisions across 1 enactments
Pappu Ram
State of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
