This court allowed a bail application under Section 439 CrPC, noting that prolonged incarceration would serve no useful purpose given the trial's expected duration and the available material on record. The petitioner was released on personal bond with sureties.
Petitioner enlarged on bail by furnishing a personal bond of Rs. 50,000/- with 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:25867]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6672/2023
Ashok S/o Omprakash, Aged About 20 Years, R/o House No. 207, Shivnagar, Gangavihar, Police Station Kudi Bhagtasani, Dist. Jodhpur, Rajasthan. (Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Arjun Singh Rathore |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyar Khan,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/08/2023
| S.No . |
Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 82/2023 |
| 2. | Concerned Police Station | Bhagat Ki Kothi |
| 3. | District | Jodhpur |
| 4. | Offences alleged in the FIR | Sections 354, 354(D), 306, 109, 506 of IPC and Sections 7 & 8 of POCSO Act. |
| 5. | Offences added, if any | Section 363 of IPC and Section 11/12 of POCSO Act. |
| 6. | Date of passing of impugned order |
19.05.2023 |
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[CRLMB-6672/2023]
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[CRLMB-6672/2023]
(3 of 3)
useful purpose would be served by putting the petitioner behind the bars. 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.
(FARJAND ALI),J
93-raksha/-
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 439 CrPC in a case involving IPC Sections 354, 306 and POCSO sections 7, 8, 11/12.
1 provisions across 1 enactments
Ashok
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
