The Rajasthan High Court allowed the petitioner's application for regular bail under Section 439 Cr.P.C. in a case involving Section 384 IPC, ordering release against a bond with sureties without expressing an opinion on the merits.
Petitioner released on bail requiring personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 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:42003]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
12102/2024
Rakesh S/o Fatteh, R/o Bhudkheda, Police Station Masalpur, District Karauli. (At Present Confined In District Jail, Dholpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Anil Jain, Adv. For : Mr. Devi Singh, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
07/10/2024
This bail application has been filed by the petitioner under Section 483 B.N.S.S. seeking regular bail in FIR No.440/2022 registered at Police Station Basedi, District Dholpur for the offence(s) under Section(s) 384 of IPC.
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 has been in judicial custody since long and the conclusion of the trial will
[2024:RJ-JP:42003]
(2 of 2) [CRLMB-12102/2024]
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. is allowed and it is ordered that accused-petitioner Rakesh S/o Fatteh 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
YOGESH KUMAR /20
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the offence under Section 384 IPC.
2 provisions across 2 enactments
Rakesh S/o Fatteh
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
