In a bail application under Section 439 Cr.P.C., the High Court at Jodhpur allowed the petition of Surendra Singh arrested for offences under the Arms Act, directing his release on personal and surety bonds.
Petitioner released on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each to appear before the trial court.
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[2023/RJJD/015273]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1979/2023
Surendra Singh S/o Sh. Manohar Singh, Aged About 21 Years, R/o Padiyal, P.s. Bhojasar, District Jodhpur. (Presently Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kamal Rathore. For Respondent(s) : Mr. S.K. Bhati, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
15/05/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.174/2022 registered at Police Station Bhojasar, District Jodhpur, for offence under Section 3/25(1B)(A) of the Arms Act.
Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submitted that challan against the petitioner has been filed for the offence under Section 3/25(1B)(A) of the Arms Act. Learned counsel submitted that the petitioner is in incarceration since 01.12.2022. The offence alleged to have been committed by the petitioner is triable by Court of Magistrate. Trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accusedpetitioner.
[2023/RJJD/015273]
[CRLMB-1979/2023]
(2 of 2)
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case and the fact that challan has already been filed, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Surendra Singh S/o Sh. Manohar Singh arrested in connection with F.I.R. No.174/2022 registered at Police Station Bhojasar, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
30-Tikam/-
1 issue framed by the court
Whether the bail application under Section 439 Cr.P.C. deserves acceptance given the nature of the offence and pendency of trial?
2 provisions across 2 enactments
Surendra Singh
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
