Second bail application allowed. The Court granted bail to the petitioner in a criminal trial involving offences under Sections 435, 307, 427, 458, and 354/34 IPC, noting that investigation is concluded and trial will take time.
Release on bail via personal bond of Rs.1,00,000 with two sound and solvent sureties of Rs.50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 46/2023
Abhishek @ Montu S/o Ramesh @ Parmeshwar Nayak, Aged About 24 Years, R/o Civil Airport Road Pabupura Ps Airport Dist. Jodhpur (Presently Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : | Mr. Jitendra Singh Rathore |
|---|---|---|
| For Respondent(s) | : | Mr. Mukesh Trivedi, PP |
| Mr. Firoz Khan for the complainant |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
04/01/2023
The petitioner has been arrested in connection with FIR No. 188/2022 of Police Station Airport, Jodhpur for the offence punishable under Sections 435, 307, 427, 458, 354/34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed as not pressed by this Court vide order dated 01.11.2022.
Learned counsel for the petitioner submits that now challan of the case has already been presented and no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioner.
(2 of 2) [CRLMB-46/2023]
Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.
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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner, Abhishek @ Montu S/o Ramesh @ Parmeshwar Nayak, shall be released on bail in connection with FIR No.188/2022 of Police Station Airport, Jodhpur 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
242-raksha/-
1 issue framed by the court
Whether bail should be granted in the present case under Section 439 Cr.P.C. given that the challan has been presented and no investigation is pending.
1 provisions across 1 enactments
Abhishek @ Montu S/o Ramesh @ Parmeshwar Nayak
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
