Allowed

Ashish Gupta S/O Shri Raju Gupta, v. State of Rajasthan

Rajasthan HC10 Jan 2024CRLMB/139/2024

Case brief

AI extract

What is this about?

This Single Bench of the High Court of Rajasthan at Jaipur allowed a bail application filed under Section 439 Cr.P.C. The petitioner, arrested for theft under Section 379 IPC, sought release. The court balanced the length of custody, the nature of the offence, and the filing of the charge sheet, directing release on personal and surety bonds with specified conditions.

What did the court decide?

Petitioner released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to appearing in court, not committing new offences, and marking presence at the police station m

Ashish Gupta S/O Shri Raju Gupta, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:1621]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 139/2024

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Ashish Gupta S/o Shri Raju Gupta, Aged About 23 Years, R/o House No. 01/152, Purani Basti, Daudpur Fatak Ke Pas, Police Station N.e.b. District Alwar (Raj.) (At Present Accused-Petitioner Confined In District Jail Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Petitioner(s) : Mr. Ravindra Kumar For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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10/01/2024

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.962/2023 registered at Police Station Kotwali, District Alwar for the offence under Section 379 of IPC.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He further submits that alleged offences are triable by Magistrate and maximum punishment for the same is three years. The petitioner is in custody since 30.09.2023 and charge-sheet has been filed in this case and trial of the case will take considerable time. He also contends that further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application and submits that eight other cases have also been registered against the petitioner, thus, bail should not be granted to him.

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I have considered the contentions.

[2024:RJ-JP:1621]

[CRLMB-139/2024]

(2 of 2)

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offences are triable by Magistrate and maximum punishment for the same is three years, charge-sheet has been filed in the matter and looking to the custody period of the petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Ashish Gupta S/o Shri Raju Gupta shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station on first Monday of every month, till trial is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioner by this Court.

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(ANIL KUMAR UPMAN),J

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100-Nirmala

Ashish Gupta S/O Shri Raju Gupta, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashish Gupta S/O Shri Raju Gupta, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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