This judgment grants bail to the petitioner under Section 439 Cr.P.C. in a bail petition connected with offences under IPC Sections 458, 395, 397, 384 and 342, without expressing an opinion on the merits.
Release of petitioner on bail under Section 439 Cr.P.C. upon execution of a personal bond of Rs.1,00,000/- with 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:RJ-JD:39213]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 7006/2023
Sandeep Singh @ Shipu S/o Ramesh Singh Rai Singh, Aged About 19 Years, R/o Rampura Dhani Police Thana Sadar Fatehabad Distt. Fatehabad.( At Present At Distt. Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/11/2023
The petitioner has been arrested in connection with FIR No.226/2022 of Police Station Sadar, District Hanumangarh for the offence punishable under Sections 458, 395, 397, 384, 342 IPC. He has preferred this third bail application under Section 439 Cr.P.C.
The second bail application was dismissed by this Court vide order dated 21.11.2022.
Counsel for the petitioner submits that co-accused Udai Lal @ Jelly has already been enlarged on bail by a coordinate Bench of this Court and the case of the present petitioner is similar to that of the co-accused. The accused-petitioner is inside the jail since 09.07.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
[2023:RJ-JD:39213]
[CRLMB-7006/2023]
(2 of 2)
Learned Public Prosecutor has opposed the third bail application.
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 third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sandeep Singh @ Shipu S/o Ramesh Singh Rai Singh shall be released on bail in connection with FIR No.226/2022 of Police Station Sadar, District Hanumangarh, 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.
(MANOJ KUMAR GARG),J
83-MS/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. despite the dismissal of the second bail application.
Whether the similarity of the petitioner's case to a co-accused already on bail warrants the grant of bail in the present instance.
1 provisions across 1 enactments
Sandeep Singh @ Shipu
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
