In a bail application under Section 439 Cr.P.C., the High Court granted bail to the petitioner charged with IPC Sections 457 and 380, noting false implication and co-accused bail, directing release on a bond with sureties.
Released on bail with a personal bond of Rs. 1,00,000/ and two sureties of Rs. 50,000/ 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/008585]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 598/2023
Raju @ Rajendra S/o Roop Lal, Aged About 21 Years, R/o Moti Nagar Panchayat Ke Pass Vijaypur Thana Vijaypur Dist. Chittorgarh At Present At Sub Jail Abu Road
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Jitendra Ojha |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
05/04/2023
The petitioner has been arrested in connection with FIR No. 351/2022 of Police Station – Abu Road Sadar, District Sirohi for the offences punishable under Sections 457 & 380 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this present case. It is further submitted that the alleged offences are triable by First Class Magistrate and the co-accused Vikram Singh has already been granted bail by coordinate bench of this Court vide order dated 05.01.2023. Charge-sheet has already been filed in the matter. The accused-petitioner is in custody since 21.11.2022 and the trial of the case will take long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner is a habitual offender.
[2023/RJJD/008585]
[CRLMB-598/2023]
(2 of 2)
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 - Raju @ Rajendra S/o Roop Lal shall be released on bail in connection with FIR No.351/2022 of Police Station Abu Road Sadar, District Sirohi, 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.
(MADAN GOPAL VYAS),J
48-neha/-
2 issues framed by the court
Whether bail should be granted to the petitioner who alleges false implication and notes co-accused bail.
Whether the petitioner is eligible for bail under Section 439 Cr.P.C. in offences under IPC Sections 457 and 380.
1 provisions across 1 enactments
Raju @ Rajendra S/o Roop Lal
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
