Allowed

Parmeshwar Nath v. State of Rajasthan

Rajasthan HC9 Feb 2024CRLMB/1552/2024

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan at Jodhpur allowed a bail application under Section 439 Cr.P.C. granting bail to the accused-petitioner in an offence triable by a Magistrate under Sections 457, 380, and 411 IPC, subject to furnishing a personal bond and sureties.

What did the court decide?

The accused-petitioner is enlarged on bail subject to furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Parmeshwar Nath Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:6802]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1552/2024

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Parmeshwar Nath S/o Shri Shatannath, Aged About 23 Years, R/ o Paldi Nathan Beri P.s Sursagar District Jodhpur West Hall Resident Gali No 1 Kashiram Ki Dukan Ke Piche Baldaar Basti Kali Beri Soorsagar Jodhpur (Currently Lodged Custody Central Jail Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Ms. Heli Pathak
For Respondent(s)	: Mr. Muktiyar Khan,Dy.G.A.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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09/02/2024

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	184/2023
2.	Concerned Police Station	Jhanvar
3.	District	Jodhpur CityWest
4.	Offences alleged in the FIR	Sections 457 & 380 of IPC
5.	Offences added,if any	Section 411 of IPC
6.	Date of passing of impugned order	25.01.2024

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It is contended on behalf of the accused-petitioner that the offences alleged are triable by a Court of magistrate. No case

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[2024:RJ-JD:6802]

[CRLMB-1552/2024]

for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The offences alleged are triable by a Court of magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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7-Samvedana/-

Parmeshwar Nath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Parmeshwar Nath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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