The High Court granted regular bail to the petitioner, an accused in an FIR involving IPC 307, 323, 324 and Arms Act offences, directing him to execute a personal bond with two sureties.
Petitioner released on bail upon furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each to the satisfaction of the trial Court.
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.
[2023/RJJP/004040]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
1036/2023
Dinesh Kumar Son of Shyamlal, Aged About 36 Years, R/o Village Baneth, Distt. Jhalawar At Present Shyam Baba Ke Chabutare Ke Pas, Barda Basti, P.s. Anantpura Kota (Raj.) (At Present Confined In Central Jail Kota District Kota)
----Petitioner
Versus
State of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mrs. Minakshi (present in person), wife of accusedpetitioner For : Mr. M.K. Sheoran, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
13/03/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.19/2023 registered at Police Station Anantpura, District Kota City for the offence(s) under Section(s) 323, 324 & 307 IPC and under Section(s) 4/25 of Arms Act.
Mrs. Minakshi, wife of accused-petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. She
[2023/RJJP/004040]
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[CRLMB-1036/2023]
further submits that charge sheet has already been filed. She also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Dinesh Kumar S/o Shyamlal shall be released on bail, 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 trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /40
1 issue framed by the court
Whether the petitioner is entitled to be released on regular bail under Section 439 Cr.P.C. in a case involving offences under IPC 307, 323, 324 and Arms Act.
3 provisions across 3 enactments
Dinesh Kumar S/o Shyamlal
State of Rajasthan
Umadevi Shukla Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
