The Court allowed regular bail for the petitioner charged under IPC Sections 457 and 380. The bail was granted on the petitioner furnishing a bond with two sureties, without evaluating the merits of the case.
Accused petitioner released on bail via personal bond of Rs. 1,00,000/- with two sureties.
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:11703]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
1527/2024
Rakesh Khatik @ Bakara S/o Late Madan Lal, Aged About 29 Years, R/o Village Gede, District Tonk At Present House No. 22, Tirupati Balaji Nagar, Gulab Vihar Ke Pichhe, Police Station Sanganer, Jaipur East. (At Present In Central Jail Jaipur).
----Petitioner
| State Of Rajasthan, | Versus Through Pp ----Responden |
|---|---|
| For Petitioner(s) : |
Mr. Mahaveer Prasad Nayak, Adv., for Mr. Shyam Lal, Adv. |
| For Respondent(s) : |
Mr. Bhawani Shankar Sharma, P.P. |
----Respondent
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
07/03/2024
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.347/2023 registered at Police Station Bajaj Nagar, District Jaipur City East for the offence(s) under Section(s) 457 & 380 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
[2024:RJ-JP:11703]
(2 of 2) [CRLMB-1527/2024]
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. is allowed and it is ordered that accused-petitioner Rakesh Khatik @ Bakara S/o Late Madan Lal 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 /12
1 issue framed by the court
Whether the petitioner is entitled to regular bail in an IPC case pending trial.
2 provisions across 2 enactments
Rakesh Khatik @ Bakara S/o Late Madan Lal
State Of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
