The High Court allowed the second bail application filed under Section 439 Cr.P.C., granting regular bail to the accused-petitioner who was in judicial custody, without expressing an opinion on the merits of the case.
Accused-petitioner enlarged on bail; to furnish personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No.
6880/2023
Vishal S/o Ramesh, Aged About 30 Years, R/o E- 126, Rpa Road, Swarnkar Colony, Nehru Nagar, Jaipur, P.s. Shastri Nagar, Jaipur. (At Present Confined In District Jail Sawai Madhopur)
----Petitioner
Versus
State of Rajasthan, Through Pp ----Respondent
| For Petitioner(s) | : Mr. Sumit Kaswa, Adv. |
|---|---|
| For | : Mr. Sanjeev Mahala, P.P. & |
| Respondent(s) | Mr. Naresh Kumar Singhal, |
| Adv., with Mr. Yashwant | |
| Mudgal, Adv., for complainant |
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
10/07/2023
The first bail application of the accusedpetitioner was dismissed as withdrawn by this Court vide order dated 27.04.2023, giving liberty to the accused-petitioner to file afresh after filing of the charge sheet.
This second bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.32/2023 registered at Police Station Kundera, District Sawai Madhopur for the offence(s) under Section(s) 143, 364-A, 386 & 120-B of IPC and under Section(s) 3/25 of Arms Act.
(2 of 2) [CRLMB-6880/2023]
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that charge sheet has been filed. He also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Vishal S/o Ramesh shall be released on bail, 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 trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /01
1 issue framed by the court
Whether regular bail should be granted to the accused-petitioner under Section 439 Cr.P.C. pending trial for offences under the IPC and Arms Act.
3 provisions across 3 enactments
Vishal S/o Ramesh
State of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
