The High Court of Rajasthan allowed a bail application filed by Ramesh Kumar, arrested under IPC and Arms Act charges, deeming it just and proper to release him on bail with a bond and sureties.
Petitioner enlarged on bail by furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 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. Bail Application No. 9446/2022.
Ramesh Kumar @ Rishi S/o Ratnaram, aged 23 years, R/o Nokhda Charnan, Police Station Bhojasar, District Jodhpur. (At present lodged in judicial custody in Sub Jail, Phalodi)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Bhanwaru Ram. For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/07/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 28/2022, Police Station Chakhu, District Jodhpur, for the offences punishable under Sections 392, 365, 323 of the Indian Penal Code and Section 3/25 of the Arms Act.
Learned counsel for the petitioner submits that similarly situated co-accused person, namely, Hajari Ram S/o Naina Ram, has already been granted bail by this Court on 08.07.2022 and the case of the present petitioner is not distinguishable from that of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
(2 of 2)
[CRLMB-9446/2022]
Per contra, learned Public Prosecutor has vehemently 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, Ramesh Kumar @ Rishi S/o Ratnaram , shall be enlarged on bail in F.I.R. No. 28/2022, Police Station Chakhu, 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.
(MANOJ KUMAR GARG),J
48-Mohan/-
1 issue framed by the court
Whether bail should be granted to the petitioner who is in judicial custody and whose co-accused has already been granted bail.
Colour shows how this judgement treated each authority
N/AReferred
5 provisions across 3 enactments
Ramesh Kumar @ Rishi
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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