The High Court allowed the third bail application of the petitioner confined in connection with an FIR for murder and arms offence. Granting relief based on the petitioner's ailment and prolonged custody.
Petitioner released on bail on execution of personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each 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.
[2023:RJ-JP:39780]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 12820/2023
Sunil S/o Virendra, Aged About 24 Years, R/o Undera, Police Station Fatehpur Sikri, District Agra (U.p.) (Presently Confined In Central Jail, Sevar, Bharatpur)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Rahul Sharma for Mr. Rajneesh |
|---|---|
| Gupta through VC | |
| For Respondent(s) | : Mr. Atul Sharma, PP through VC |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/12/2023
The petitioner has been arrested in connection with FIR No.39/2021 of Police Station Kotwali Bharatpur, for the offence punishable under Section 302 IPC & Section 3/25 of Arms Act. He has preferred this third bail application under Section 439 Cr.P.C.
The second bail application was dismissed by this Court vide order dated 29.08.2023 as not pressed.
Counsel for the petitioner submits that health condition of petitioner is not good. Counsel argued that earlier this Court granted interim bail to the petitioner on account of his ailment and he underwent a surgery at SDM Hospital, Jaipur. The accusedpetitioner is in judicial custody since 04.02.2021 and the trial of
[2023:RJ-JP:39780]
[CRLMB-12820/2023]
(2 of 2)
the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, particularly, considering the ailment of the petitioner as well as prolonged custody, I deem it just and proper to grant the benefit of bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sunil S/o Virendra, shall be released on bail in connection with FIR No. 39/2021 of Police Station Kotwali Bharatpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
4- Raksha
1 issue framed by the court
Whether bail should be granted to the petitioner considering his poor health condition and prolonged judicial custody.
1 provisions across 1 enactments
Sunil S/o Virendra
The State Of Rajasthan
Shakti Singh S/o Shri Amar Singh
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
