Single judge bench allowed regular bail application under Section 439 Cr.P.C./483 B.N.S.S. allowing release on personal bond with two sureties without expressing opinion on merits of the case involving offences under IPC and Arms Act.
Petitioner released on bail on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each.
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[2024:RJ-JP:35916]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
10169/2024
Om Prakash S/o Krishna Kumar, Aged About 22 Years, R/o Khedi, Police Station Kotkasim, District Khairthal-Tijara (Rajasthan). (Presently In Judicial Custody At Central Jail- Alwar).
----Petitioner
Versus
State of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chandra Shekhar, Adv. For : Mr. Devi Singh, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 28/08/2024
This bail application has been filed by the petitioner under Section 439 Cr.P.C./483 B.N.S.S. seeking regular bail in FIR No.143/2024 registered at Police Station Kotkasim, District Khairthal-Tijara for the offence(s) under Section(s) 147, 148, 149, 341, 323, 379 & 307 IPC and under Section(s) 5/27 of Arms Act.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that the accused-petitioner is not named in the FIR.
[2024:RJ-JP:35916]
(2 of 2) [CRLMB-10169/2024]
He also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C./483 B.N.S.S. is allowed and it is ordered that accused-petitioner Om Prakash S/o Krishna Kumar shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /455
1 issue framed by the court
Whether the petitioner seeking regular bail under Section 439 Cr.P.C./483 B.N.S.S. ought to be enlarged on bail.
2 provisions across 2 enactments
Om Prakash S/o Krishna Kumar
State of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
