In a bail application filed under Section 439 Cr.P.C. for an offence under Section 384 IPC, the High Court of Rajasthan allowed the bail, directing the petitioner to furnish a personal bond and two sureties.
Accused-petitioner enlarged on bail upon furnishing a 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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 931/2022
Rakesh Yadav S/o Banvarilal Yadav, Aged About 31 Years, R/o Vill. Lisadiya PS And Tehseel Shrimadhopur Distt. Sikar The Accused Petitioner In J.C. Sikar
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manish Gupta, Advocate For Respondent(s) : Mr. G.S. Rathore, Government Advocate-cum-Additional Advocate General Mr. K.K. Bhinda, Advocate for complainant (through video conferencing)
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
16/03/2022
This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No. 412/2021 registered at Police Station Shrimadhopur, District Sikar for the offence under Section 384 of IPC.
Learned counsel for the petitioner submits that the petitioner is behind the bars since 29.12.2021 and the chargesheet has been filed. As per rejection bail order, the petitioner has criminal antecedents of ten cases, out of which, in six cases he has been acquitted and in remaining cases, he is on bail. Hence, the accused-petitioner may be released on bail.
(2 of 2)
[CRLMB-931/2022]
Learned Government Advocate-cum-Additional
Advocate General as well as learned counsel for the complainant have strongly opposed the bail application.
Heard learned counsel for the parties and perused the material available on record.
Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case; but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rakesh Yadav S/o Banvarilal Yadav shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J
Ashish Kumar/13
1 issue framed by the court
Whether the petitioner should be granted bail in connection with the offence of extortion.
1 provisions across 1 enactments
Rakesh Yadav
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
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