Allowed

Brahma @ Brahamprakash S/O Mithalal v. the State of Rajasthan

Rajasthan HC15 Dec 2023CRLMB/15950/2023

Case brief

AI extract

What is this about?

This instance of bail application was filed under Section 439 Cr.P.C. seeking release for the accused-petitioner facing serious offences including attempt to murder and assault. The bench allowed the bail without adjudicating detailed merits.

What did the court decide?

Petitioner released on bail requiring a personal bond of Rs.50,000/ and two sureties of Rs.25,000/ each with the trial court.

Brahma @ Brahamprakash S/O Mithalal Vs the State of… — Cheating and Forgery | Rajasthan HC (2023)

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[2023:RJ-JP:40069]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 15950/2023

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Brahma @ Brahamprakash S/o Mithalal, R/o Adalwada, Police Station Chauth Ka Barwada, District Sawai Madhopur (Raj.) (At Present In District Jail, Sawai Madhopur)

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----Petitioner

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Versus

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The State Of Rajasthan, Through PP

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Tinu Sogarwal, S.i., S.h.o. Police Station Soorwal, District Sawai Madhopur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Vishnu Bohra For Respondent(s) : Mr. Suresh Kumar, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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15/12/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 07.12.2023 passed by learned Trial Court for the offence(s) punishable under Sections 307, 332, 353 & 34 of I.P.C., under Sections 3/25 & 5/25 of the Arms Act and under Section 3 of the P.D.P.P. Act in F.I.R. No.253/2023 registered at Police Station Soorwal, District Sawai Madhopur (Raj.).

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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 29.10.2023. The other co-accused person, namely Rakesh has already been granted bail by a Co-ordinate Bench of this Court vide order dated

[2023:RJ-JP:40069]

[CRLMB-15950/2023]

(2 of 2)

28.11.2023. Trial of the case is likely to take a long time to conclude, till then, his 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.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Heard learned counsel for the parties and perused the material available on record.

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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.

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Therefore, the bail application is allowed. Accused-petitioner namely Brahma @ Brahamprakash S/o Mithalal, 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.

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(VINOD KUMAR BHARWANI),J

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SAURABH /243

Brahma @ Brahamprakash S/O Mithalal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Brahma @ Brahamprakash S/O Mithalal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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