The High Court allowed bail to two accused persons accused under sections 376, 379, 342, 504, and 506 IPC. The court deemed it just and proper to release them on a personal bond with sureties.
Petitioners released 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. 1400/2023
Subbi Son Of Hasmal, Aged About 44 Years, R/o Jhanjhar Police Station Sikari, District Bharatpur (Raj.). (At Present In Jail Alwar).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 3667/2023 Sumar Gurjar @ Mangya Bargi Son Of Chhote Lal, Aged About 62 Years, Resident Of Todara, Police Station Mahuwa, District Dausa (Rajasthan) (At Present Confined In District Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Jiya UR Rahman Mr. Girish Khandelwal For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
06/04/2023
These bail applications have been filed under Section 439 Cr.P.C. in connection with FIR No.236/2022 registered at Police Station Bahautkalan (Devi Dholagarh), District Alwar for the offence(s) under Sections 376, 342, 504, 506, 379 IPC (later on offence u/s 342, 504, 506, 376D IPC was found to have been made out).
(2 of 2) [CRLMB-1400/2023]
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. PetitionerSubbi is behind the bars since 10.1.2023. Petitioner-Sumar Gurjar @ Mangya Bargi is behind the bars since 1.3.2023. After completion of investigation, charge sheet has been filed against the petitioners. Prosecutrix is a major and married lady and conclusion of trial is likely to take long time, hence the petitioners may be enlarged on bail.
Learned Public Prosecutor has opposed the bail applications. Considering the submissions of learned counsel for the parties and taking into account the facts and circumstances of the case, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Therefore, these bail applications are allowed and accused petitioners (1) Subbi Son Of Hasmal and (2) Sumar Gurjar @ Mangya Bargi Son Of Chhote Lal are ordered to be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that the petitioner(s) shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
Registry is directed to place a copy of this order in connected file.
(NARENDRA SINGH DHADDHA),J
Brijesh 25-26.
1 issue framed by the court
Whether the petitioners should be enlarged on bail pending trial.
1 provisions across 1 enactments
Subbi Son Of Hasmal
Sumar Gurjar @ Mangya Bargi Son Of Chhote Lal
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
