The High Court of Rajasthan at Jodhpur, on 14/02/2023, allowed a bail application filed by Kamlesh @ Mohit in connection with offences under Sections 419 and 420 of the IPC, directing his release on personal bond with sureties.
Petitioner to be released on bail upon executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/005244]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 397/2023
Kamlesh @ Mohit S/o Kalu Lal, Aged About 25 Years, Suthar Mohalla, Sarada, P.s. Sarada, Dist. Udaipur, Raj. (Presently Lodged In Sub Jail, Salumbar Dist. Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Shambhoo Singh Rathore |
|---|---|
| For Respondent(s) | : Mr. S. K. Bhati,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
14/02/2023
The petitioner has been arrested in connection with FIR No.165/2022 of Police Station Sarada, District Udaipur for the offences punishable under Sections 419 & 420 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and the offences are triable by first class Magistrate. The accused-petitioner is behind bars and the trial of the case will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner is a habitual offender. 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 petitioner under Section 439 Cr.P.C.
[2023/RJJD/005244]
[CRLMB-397/2023]
(2 of 2)
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kamlesh @ Mohit S/o Kalu Lal shall be released on bail in connection with FIR No.165/2022 of Police Station Sarada, District Udaipur provided he 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MADAN GOPAL VYAS),J
42-nidhi/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. despite the Public Prosecutor's objection that he is a habitual offender.
2 provisions across 2 enactments
Kamlesh @ Mohit S/o Kalu Lal
State Of Rajasthan
MADAN GOPAL VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
