The High Court at Jodhpur allowed the third bail application of Prakash, arrested for offences under IPC and POCSO Acts, granting bail subject to a personal bond of Rs.1 lakh and two sureties of Rs.50,000 each.
Petitioner released on bail via personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each.
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[2023/RJJD/009937]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 503/2023
Prakash S/o Prahlad Ram, Aged About 21 Years, R/o Rohisa, Teh. Riya Badi, Dist. Nagaur. (Lodged In Sub Jail, Parbatsar).
----Petitioner
----Respondents
For Petitioner(s) : Mr. B.Ray Bishnoi For Respondent(s) : Mr. S.K. Mehar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/04/2023
The petitioner has been arrested in connection with FIR No.48/2021 of Police Station Thanwla, Distt. Nagaur for the offence punishable under Sections 342, 346, 363, 376(3), 376/DA of IPC and Sections 3/4 and 5(G)/6 of POCSO Act. He has preferred this third bail application under Section 439 Cr.P.C. The second bail application was dismissed by this Court vide order dated 12.10.2022.
Counsel for the petitioner submits that similarly situated Ramkumar has already been enlarged on bail by the Co-Ordinate Bench of this Court and the case of present petitioner is not distinguishable from that of co-accused. 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 accused-petitioner.
[2023/RJJD/009937]
[CRLMB-503/2023]
(2 of 2)
Learned Public Prosecutor vehemently 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 third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Prakash S/o Shri Prahlad Ram, shall be released on bail in connection with FIR No.48/2021 of Police Station Thanwla, Distt. Nagaur 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
102-Ishan/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. considering the length of trial and similarity of case to a co-accused already on bail.
1 provisions across 1 enactments
Prakash S/o Prahlad Ram
State Of Rajasthan
Roopa Ram S/o Mehram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
