The High Court of Rajasthan at Jodhpur granted regular bail to the petitioner under Section 439 Cr.P.C. in a case involving offences under Sections 457 and 380 IPC, despite opposition from the Public Prosecutor.
Petitioner granted bail on a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to appear for trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail Application No. 45/2023
Praveen Kumar @ Piniya S/o Shri Deshraj, Aged About 25 Years, R/o Ward No. 14 Chak 24 AS-C Tehsil Gharsana District Sriganganar Raj.
(At Present Lodged At Sub Dist. Jail Anupgarh Dist.
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Vikram Sharma, 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. 312/2022 registered at Police Station Nai Mandi Gharsana, District Sriganganagar for the offences punishable under Sections 457 and 380 of IPC.
Counsel for the petitioner submits that the offences alleged against the petitioner are triable by Magistrate. 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-45/2023]
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 Praveen Kumar @ Piniya S/o Shri Deshraj shall be released on bail in connection with FIR No. 312/2022 registered at Police Station Nai Mandi Gharsana, District Sriganganagar 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
205-Mak/-
1 issue framed by the court
Whether bail should be granted in the present criminal case under Section 439 Cr.P.C.
1 provisions across 1 enactments
Praveen Kumar @ Piniya
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
