This is a bail application under Section 439 Cr.P.C. in a Section 395 IPC case. The High Court allowed bail to the accused-petitioner who alleged false implication, noting that trial would be long and incarceration served no purpose.
Accused-petitioner Rahul S/o Gopal released on bail on Rs.50,000 personal bond plus two sureties of Rs.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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 6293/2023
Rahul S/o Gopal, Aged About 20 Years, R/o Sanwatsar, P.s. Gandhinagar, District Ajmer. (At Present Confined At Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mukesh Chouhan with Ms. Priya Choradiya For Respondent(s) : Mr. MS Saini, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
06/07/2023
This instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 17.05.2023 passed by learned Court below for the offence under Section 395 of IPC in FIR No.110/2023 registered at Police Station Madanganj, District Ajmer.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The accused-petitioner has nothing to do with the alleged offence and is not named in the FIR. He is behind the bars since 02.05.2023. Co-accused of this case has already been enlarged on bail by the Co-ordinate Bench of this Court. Trial of the case is likely to take a long time to conclude and till then, his further incarceration would not serve any fruitful purpose. He is ready and willing to furnish bail bonds
[CRLMB-6293/2023]
(2 of 2)
for his release. Therefore, the bail application deserves to be allowed.
Learned Public Prosecutor has vehemently opposed the bail application.
Heard learned counsel for the parties and perused the material available on record.
Taking into consideration the submissions put forth and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.
Therefore, this bail application is allowed. Accused-petitioner namely Rahul S/o Gopal shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/- (Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
CHHAYA AWASTHI /400
2 issues framed by the court
Whether the accused, falsely implicated and already detained since May 2, 2023, is eligible for bail under Section 439 Cr.P.C. in a rash and negligent drinking/lobbery case under Section 395 IPC?
Whether the facts warrant granting bail by the High Court without detailed discussion on merits?
2 provisions across 2 enactments
Rahul S/o Gopal
State Of Rajasthan
VINOD KUMAR BHARWANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
