The High Court of Rajasthan granted bail to two petitioners arrested under Sections 457, 380 IPC. The court held the offences triable by Magistrate and trial would take long, directing release on personal bond with sureties.
Petitioners released on bail executing personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each.
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[CRLMB-160/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 160/2023
Jaiprakash S/o Shri Dileep Kumar, Aged About 31 Years, R/o Khayowali Dhav Ps Khui Kheda Dist. Fajilka Punjab (Presently Lodged At Sub Jail Anupgarh Dist. Sriganganagar )
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 162/2023 Mukesh S/o Sh. Keshra Ram, Aged About 19 Years, R/o 28 Kyd Ps Khajuwala Dist. Bikaner Raj. (Presently Lodged At Sub Jail Anoopgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur Mr. Pravesh Kumar Rawla For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2023
The petitioners have been arrested in connection with F.I.R. No.763/2022 of Police Station Anupgarh, District Sriganganagar for the offence punishable under Sections 457, 380 IPC. They have preferred these two separate bail applications under Section 439 Cr.P.C.
Counsel for the petitioners submit that the offences are triable by the Magistrate and similarly situated co-accused
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[CRLMB-160/2023]
Surendra & Jai Singh have already been enlarged on bail by this Court. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioners.
Learned Public Prosecutor has opposed the bail applications. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, both the bail applications filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Jaiprakash S/o Shri Dileep Kumar & (2) Mukesh S/o Sh. Keshra Ram, shall be released on bail in connection with FIR No.763/2022 of Police Station Anupgarh, District Sriganganagar provided each of them 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 their 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
174-175 MS/-
2 issues framed by the court
Whether bail should be granted to the accused petitioners under Section 439 Cr.P.C. in the given facts.
Whether the offences are triable by the Magistrate and co-accused have been granted bail.
1 provisions across 1 enactments
Jaiprakash S/o Shri Dileep Kumar
Mukesh S/o Sh. Keshra Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
