Held that bail applications filed under Section 439 Cr.P.C. were allowed, enlarging three accused on personal bond with sureties, citing long custody, lack of antecedents, and magistrate forum for trial.
Bail granted to Rohit Kumar, Rahul Kumar, and Abhishek Kumar on 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.
[2024:RJ-JP:17723]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1158/2024
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1224/2024
Abhishek Kumar S/o Shri Rajesh Roshan, Aged About 22 Years, R/o Road No. 03, Near Jwala Singh House, Postal Park Colony Kakadbagh Police Station Jakkanpur, District Patna Bihar At Present Tenant House No. A-281-Old Vidhadhar Nagar Jaipur (Presently Confine At Central Jail, Jaipur Raj.)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Pradeep Malik |
|---|---|
| Mr. Anirudh Singh Shekhawat | |
| Mr. Rajesh Kumar Sharma | |
| For Respondent(s) | : Mr. C. G. Chopra-PP |
(2 of 3)
[2024:RJ-JP:17723]
[CRLMB-1158/2024]
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
16/04/2024
The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.21/2024 registered at Police Station Vidhyadhar Nagar, Jaipur City (North) for the offence(s) under Sections 420 and 120-B of IPC and under Sections 66-C and 66-D of IT Act.
Learned counsels for the petitioners submits that the accused-petitioners have falsely been implicated in the case. He further submits that there is no complaint against the accusedpetitioners that they have cheated the customers and received goods illegally or committed any cyber crime. The accusedpetitioners are in custody since 01.08.2023. The matter is exclusively triable by Magistrate. Charge-sheet has already been produced in the present case. He further submits that there are no criminal antecedents against the accused-petitioners and the trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioners.
Per contra, learned Public Prosecutor vehemently opposes the bail applications.
Considering the arguments advanced by the counsels for the parties and looking to the fact that accused-petitioners remained in custody for quite a long period commencing from 01.08.2023 to till date and the matter is exclusively triable by Magistrate and there are no criminal antecedents against the accused-petitioners,
[2024:RJ-JP:17723]
[CRLMB-1158/2024]
(3 of 3)
thus, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners namely;
(i) Rohit Kumar S/o Manoj Sindhi, (ii) Rahul Kumar Sindhi S/o Manoj & (iii) Abhishek Kumar S/o Shri Rajesh Roshan in connection with FIR No.21/2024 registered at Police Station Vidhyadhar Nagar, Jaipur City (North) shall be enlarged on bail provided each of them 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 their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
63-64-Rahul Joshi
3 issues framed by the court
Whether bail should be granted to accused under 439 Cr.P.C. given long custody and no antecedents.
Whether the benefit of bail is warranted considering the nature of FIR 21/2024.
Whether the trial time considerations justify enlarging accused on bail.
1 provisions across 1 enactments
Rohit Kumar S/o Manoj Sindhi
Rahul Kumar Sindhi S/o Manoj
Abhishek Kumar S/o Shri Rajesh Roshan
State Of Rajasthan
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
