This order grants regular bail to the petitioner, lodged in District Jail Banswara, for offences under IPC Sections 457 and 380, citing the pending trial and the triable forum as the basis for release on bond.
Petitioner released on bail to execute personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail Application No. 40/2023
Shyam Lal @ Shyamu S/o Bhagirath Kumawat, Aged About 32 Years, R/o Ranthajana District Pratapgarh Raj.
(At Present Lodged In Dist. Jail Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. R.S. Bhati For Respondent(s) : Mr. Mukhtiyar Khan, Public Prosecutor
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
05/01/2023
The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 52/2021 registered at Police Station Khamera, District Banswara for the offences punishable under Sections 457 and 380 of IPC.
Counsel for the petitioner submits that the offence alleged against the petitioner is triable by Magistrate. Challan of the case has been presented and no investigation is pending against the petitioner. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail application.
(2 of 2) [CRLMB-40/2023]
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.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Shyam Lal @ Shyamu S/o Bhagirath Kumawat shall be released on bail in connection with FIR No. 52/2021 registered at Police Station Khamera, District Banswara 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.
(MANOJ KUMAR GARG),J
202-Mak/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in pending trial under section 439 Cr.P.C.
1 provisions across 1 enactments
Shyam Lal @ Shyamu S/o Bhagirath Kumawat
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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