Second bail application allowed granting release to the accused on a personal bond of Rs.1,00,000 with two sureties, considering the length of trial and nature of injuries caused.
Released on bail furnished by a personal bond of Rs.1,00,000/ with two sureties of Rs.50,000/- each.
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[2023/RJJD/009740]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 660/2023
Shyam Das S/o Sh. Ishwar Das, Aged About 51 Years, R/o Village Ward No. 1, Madh, P.S. Sri Kolayat, Dist. Bikaner. (At Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Sunil Mehta, Adv. For Respondent(s) : Mr.Vikram Sharma, PP Ms.Monika Yadav, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/04/2023
This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.356/2022, Police Station Naya Shahar, Distt. Bikaner for the offence under Sections 365, 323, 308, 386, 504, 506, 377, 34, 120-B, 328, 394 of IPC and Sections 5(g)(L) & 6 of the POCSO Act.
The first bail application of the petitioner was dismissed by this Court vide order dt. 29.09.2022 as not pressed with liberty to file afresh after filing of the challan.
Learned counsel for the petitioner submits that now, challan of the case has already been presented. It is further contended that a specific averment has been made by the injured-Shivraj against co-accused-Saddam and Ramlal. This witness mentioned that later on, Shyam Das (the present petitioner) and Rahul, both came there and caused injuries to the injured. According to the
[2023/RJJD/009740]
[CRLMB-660/2023]
(2 of 2)
injury report, all the injuries are found to be simple in nature. It is also contended that the petitioner is in judicial custody since 02.09.2022 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accusedpetitioner.
Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the criminal misc. second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioner Shyam Das S/o Sh. Ishwar Das shall be enlarged on bail in FIR No.356/2022, Police Station Naya Shahar, Distt. Bikaner provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
119-NK/-
2 issues framed by the court
Whether bail should be granted to the accused in an IPC and POCSO case where the challan has been presented.
Whether the accused petitioner is entitled to release on bail with a personal bond.
2 provisions across 2 enactments
Shyam Das
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
