Bail application allowed. Court enlarged accused-petitioner on bail under Section 439 Cr.P.C. subject to furnishing a personal bond and two sureties, without expressing opinion on merits.
Petitioner released on bail subject to personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
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[2023/RJJP/002200]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
188/2023
Shohil S/o Abdul Rasheed, Aged About 24 Years, R/o Bard No. 30 Naya Mohalla Chhipabadod Thana Chhipabadod, P.s. District Baran Raj. (At Present Confined At District Jail Baran)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Abdul Kalam Khan, Adv. For : Mr. M.K. Sheoran, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
09/02/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.388/2022 registered at Police Station Chhipabarod, District Baran for the offence(s) under Section 67B of IT Act.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. He further submits that the accused-petitioner is in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
[2023/RJJP/002200]
(2 of 2)
[CRLMB-188/2023]
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Shohil S/o Abdul Rasheed shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /46
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. pending trial.
1 provisions across 1 enactments
Shohil S/o Abdul Rasheed
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
