The High Court of Rajasthan allowed the bail application of a petitioner lodged in district jail. The court enabled release on bail without expressing an opinion on the merits of the case, noting the trial would likely be lengthy.
Petitioner released on bail via personal bond of Rs. 50,000 with 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.
[2023:RJ-JD:34966]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9093/2023
Bablu Sheikh @ Rustam Ali S/o Faiz Mohammad, Aged About 51 Years, R/o Old Gajner Road, Sheikh Mohalla, Nr. Masjid, Kuchilpura, P.s. Sadar, Dist. Bikaner, Rajasthan. (Presently Lodged In Dist. Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. S.S. Khatri For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/10/2023
The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking bail in connection with the FIR No.193/2023 registered at Police Station Cotgate, District Bikaner, for the offences punishable under Sections 323, 341, 327 and 452 of the I.P.C..
Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by Magistrate. The accused-petitioner is behind the bars and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail application.
(2 of 2) [CRLMB-9093/2023]
[2023:RJ-JD:34966]
Having considered the rival submissions, facts and circumstances of the case and looking to the possibility that the trial may take long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner- Bablu Sheikh @ Rustam Ali S/o Faiz Mohammad , shall be released on bail in connection with FIR No.193/2023 registered at Police Station Cotgate, District Bikaner, provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
(KULDEEP MATHUR),J
S-530-KshamaD/-
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences triable by a Magistrate.
2 provisions across 2 enactments
Bablu Sheikh @ Rustam Ali
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
