In a bail application filed under Section 439 Cr.P.C. in a theft case, the High Court of Rajasthan allowed bail on a personal bond of Rs.50,000 with two sureties, noting the offence is triable by a Magistrate.
Petitioner enlarged on bail on ₹50,000 bond with two sureties of ₹25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/014810]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5562/2023
Chanchal Kumar @ Bharat S/o Baldev Ram @ Kanwarilal, Aged About 22 Years, B/c Bhargav, R/o Bhargav Mohalla Nagaur Ps Kotwali District Nagaur. (Presently Lodged In District Jail, Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Rishabh Handa |
|---|---|---|
| For Respondent(s) | : Mr. |
Vikram Sharma,PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
11/05/2023
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.22/2023 registered at Police Station Kotwali, District Nagaur for the offence(s) under Section 379 of I.P.C.
Learned counsel for the petitioner submits that the offence alleged against the petitioner is triable by Magistrate. Therefore, the benefit of grant of bail may be granted to the accusedpetitioner.
Per contra, learned Public Prosecutor opposes the grant of bail application.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the
[2023/RJJD/014810]
[CRLMB-5562/2023]
(2 of 2)
case, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Chanchal Kumar @ Bharat S/o Baldev Ram @ Kanwarilal in connection with FIR No.22/2023 registered at Police Station Kotwali, District Nagaur shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
246-Suraj/-
1 issue framed by the court
Whether the accused-petitioner is entitled to be enlarged on bail during the pendency of the trial in a case under Section 379 IPC?
1 provisions across 1 enactments
Chanchal Kumar @ Bharat S/o Baldev Ram @ Kanwarilal
State Of Rajasthan
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
