The High Court of Rajasthan granted bail to the petitioner charged with offences under Sections 392/34 IPC. The court directed the release subject to execution of a personal bond with sureties.
Accused released on bail executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/each each to the satisfaction of the trial court.
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[2023/RJJD/004876]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 786/2023
Ramchandra @ Mithun S/o Shri Pushkar Lal @ Babulal, Aged About 27 Years, R/o Village Intali Road, Fatahnagar At Present Nakodangar, Petrol Pump Ke Samne Police Station Pratapnagar, District Udaipur (Raj.) (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
10/02/2023
The petitioner has been arrested in connection with FIR No.102/2022 of Police Station Pratapnagar, District Udaipur for the offence punishable under Section 392/34 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offence is triable by the Magistrate. The accused-petitioner is in judicial custody since 09.02.2022 and the trial of the case will take long time. Charge-sheet has been filed. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner is habitual offender.
[2023/RJJD/004876]
[CRLMB-786/2023]
(2 of 2)
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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ramchandra @ Mithun S/o Shri Pushkar Lal @ Babulal shall be released on bail in connection with FIR No.102/2022 of Police Station Pratapnagar, District Udaipur 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.
(MADAN GOPAL VYAS),J
39-Bharti/-
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Sections 392/34 IPC in a Magistrate's court.
Whether the petitioner, alleged to be a habitual offender, is entitled to bail.
1 provisions across 1 enactments
Ramchandra @ Mithun
State Of Rajasthan
MADAN GOPAL VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
