The High Court allowed the bail application filed by the accused under Section 439 Cr.P.C. Charge was framed for robbery and arms offence. The court ordered release on personal bond and sureties.
Accused petitioner enlarged on bail subject to personal bond of Rs. 50,000 and 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. 6379/2023
Guddu @ Mansingh @ Mohan Singh S/o Ramhans, Aged About 32 Years, R/o Rampur, P.s. Shergarh, District Mathura (Up) (At Present Confined In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Kumar Sharma For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order
14/07/2023
This instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 11.05.2023 passed by learned Court below for the offence under Sections 392 & 34 of IPC and Section 25(6) of the Arms Act in FIR No.209/2022 registered at Police Station Kathumar, District Alwar.
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. He is behind the bars since long. 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
[CRLMB-6379/2023]
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furnish bail bonds 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 Guddu @ Mansingh @ Mohan Singh S/o Ramhans 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 /144
1 issue framed by the court
Whether the accused petitioner deserves to be enlarged on bail in cases of robbery and illegal possession of arms.
3 provisions across 3 enactments
Guddu @ Mansingh @ Mohan Singh S/o Ramhans
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
