Allowed

Jatin S/O Subhash v. State of Rajasthan

Rajasthan HC8 Jan 2024CRLMB/16/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed bail to the petitioner, Jatin S/o Subhash, arrested under IPC 307, 34, and Arms Act 27. The court considered his lack of antecedents, the filing of the charge-sheet, and that the firearm injury allegation was against a co-accused, directing release on personal bond and two sureties.

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 subsequent hearings.

Jatin S/O Subhash Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:933]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 16/2024

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Jatin S/o Subhash, Aged About 22 Years, R/o Muradpur, Police Station Sighana, District Jhunjhunu, Rajasthan. (At Present Confined In Sub Jail Khetri, District Jhunjhunu).

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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) : Mr. Subhash Sharma For Respondent(s) : Mr. M. K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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08/01/2024

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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.238/2023 registered at Police Station Singhana District Jhunjhunu for the offences under Sections 307 and 34 of IPC and Section 27 of Arms Act. Later on, police filed charge-sheet in this matter for the offences under Sections 307, 397 and 34 of IPC and under Sections 27 and 35 of Arms Act.

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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 submits that the allegation of causing firearm injury has been levelled against Sarjeet Swami (co-accused). He submits that firearm has already been recovered at the instance of co-accused and no recovery has been made from the petitioner. There are no criminal antecedents of the petitioner. Petitioner is in custody since

(2 of 3)

[2024:RJ-JP:933]

[CRLMB-16/2024]

03.09.2023. Charge-sheet has already been filed and 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 petitioner was with the co-accused at the time of firing.

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I have considered the contentions.

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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 allegation of causing firearm injury is against the co-accused- Sarjeet Swami; absence of criminal antecedents; charge-sheet has been filed as well as looking to the custody period, 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 - Jatin S/o Subhash 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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It is made clear that the accused petitioner shall not involve in any other offence(s) during currency of the bail.

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[2024:RJ-JP:933]

[CRLMB-16/2024]

If any breach of this condition is reported or come to the

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notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /155

Jatin S/O Subhash v. State of Rajasthan

Case brief

What is this about?

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Jatin S/O Subhash v. State of Rajasthan

Case brief

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