Allowed

Jitendra Kumar v. State of Rajasthan

Rajasthan HC6 Oct 2023CRLMB/943/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was filed under Section 439 Cr.P.C. After hearing both sides, the single judge allowed bail to the accused-prosecutant, directing him to execute a personal bond with two sureties for 50,000 rupees for his appearance in the trial court.

What did the court decide?

Petitioner enlarged on bail on furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Jitendra Kumar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:33194]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 943/2023

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Jitendra Kumar S/o Shri Barkha Ram, Aged About 31 Years, B/c Brahmin, R/o Tyoda, P.s. Shahbad, District Kurukshetra (Haryana) (At Present Lodged In District Jail, Chittorgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Kailash	Chandra Bishnoi
For Respondent(s)	: Mr.	Gaurav	Singh,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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06/10/2023

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accusedpetitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	13/2018
2.	Concerned Police Station	Nimbahera Sadar
3.	District	Chittorgarh
4.	Offences alleged in the FIR	Sections 8/18, 25 NDPS Act	of the
5.	Offences added, if any
6.	Date ofpassingof impugned order	21.12.2022

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It is contended on behalf of the accused-petitioner that co-accused Jatindra and Baljinder Singh have already been enlarged on bail by co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of co-accused persons, therefore, his bail application may be allowed. There are no factors at play in the case at hand that may work against grant of bail to

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[2023:RJ-JD:33194]

[CRLMB-943/2023]

the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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Have considered the submissions made by both the parties and have perused the material available on record. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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.

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(FARJAND ALI),J

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46-Taruna/-

Jitendra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jitendra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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