In this bail application, the High Court of Rajasthan granted bail to two accused persons charged under Sections 457 and 380 of the IPC triable by a Magistrate, directing them to execute a personal bond with sureties.
Bail granted with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 428/2023
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devendra Sanwalot For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
11/01/2023
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.113/2022 of Police Station Sanderao, District Pali for the offence(s) punishable under Section(s) 457 & 380 of IPC. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner(s) has submitted that charge-sheet has been filed and the offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate.
Learned Public Prosecutor has opposed the bail application(s).
(2 of 2) [CRLMB-428/2023]
Having regard to the totality of the facts and circumstances of the case and taking into consideration that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Umesh @ Unesh @ Manish S/o Madanlal & Kamal @ Rajkamal @ Kamaliya S/o Jaramniya shall be released on bail in connection with FIR No.113/2022 of Police Station Sanderao, District Pali provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of learned trial court for his/her/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.
(VIJAY BISHNOI),J
24-mohit/-
1 issue framed by the court
Whether bail should be granted to the accused persons under Section 439 Cr.P.C. in offences punishable under Sections 457 and 380 of the IPC triable by a Magistrate.
2 provisions across 2 enactments
Umesh @ Unesh @ Manish S/o Madanlal
Kamal @ Rajkamal @ Kamaliya S/o Jaramniya
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
