Hon'ble Court allowed the second bail application of Ajay Gupta accused of offences under sections 306 and 120B IPC. The Court directed release on personal bond with sureties subject to appearance before the trial court.
Petitioner released on bail by furnishing personal bond of Rs. 50,000 and two sureties in Rs. 25,000 each.
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[2023:RJ-JP:36183]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 14666/2023
Ajay Gupta S/o Lakhami Chand Gupta, Aged About 48 Years, R/o Plot No. 129, Tirupati Vihar Vistar, Niwaru Link Road, Police Station Kardhani, Jaipur. (At Present Confined In Central Jail Jaipur)
----Petitioner
| ----Respondents | |
|---|---|
| For Petitioner(s) | : Mr. Amit Ratnawat |
| For Respondent(s) | : Mr. Mangal Singh Saini, PP |
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
28/11/2023
The instant 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 25.08.2023 passed by learned Trial Court for the offence(s) punishable under Sections 306 & 120B I.P.C. in F.I.R. No. 593/2022 registered at Police Station Kardhani, District Jaipur.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case, he has nothing to do with the alleged offence and he is behind the bars since 16.12.2022. The other co-accused person namely Ram Kishan has already been granted bail by this Court vide order dated 03.11.2023. Trial of the case is likely to take a long time to conclude, till then, his
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further incarceration would not serve any fruitful purpose and he is ready and willing to furnish bail bonds for his release. Therefore, the bail application deserves to be allowed.
Learned Public Prosecutor has vehemently opposed the bail application.
Heard learned counsel for the parties and perused the material available on record.
Taking into consideration the submissions put forth and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.
Therefore, the 2nd bail application is allowed. Accusedpetitioner namely Ajay Gupta S/o Lakhami Chand Gupta, shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/(Fifty Thousand) together with two sureties in the sum of Rs.25,000/- (Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /2
1 issue framed by the court
Whether the petitioner qualifies for bail in a trial for sections 306 and 120B IPC given false implication allegations.
2 provisions across 2 enactments
Ajay Gupta S/o Lakhami Chand Gupta
State Of Rajasthan
Jagat Singh
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
