High Court allowed bail application filed under Section 439 Cr.P.C. for petitioner accused in cheating and criminal conspiracy charges, releasing him on personal bond with sureties.
Accused-petitioner released on bail via personal bond of Rs.50,000 with two sureties in Rs.25,000 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:8685]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2127/2024
Suresh Kumar Yadav S/o Ram Chandra Yadav, R/o Kudawaton Ki Dhani, Village Harsoli, Police Station Rainwal, Distt. Jaipur. (Presently Lodged In Central Jail, Jaipur)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shriram Yadav For Respondent(s) : Mr. Prashant Sharma, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
20/02/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 09.11.2023, passed by learned Trial Court for the offence(s) punishable under Sections 420, 406 & 120-B of I.P.C., in F.I.R. No. 172/2023, registered at Police Station Samod, District Jaipur Rural.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case, he has nothing to do with the alleged offence and is behind the bars since 11.08.2023. The other co-accused person namely, Gajanand has already been granted bail by this Court on 18.10.2023. Trial of the case is likely to take a long time to conclude, till then, his further incarceration
[2024:RJ-JP:8685]
[CRLMB-2127/2024]
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would not serve any fruitful purpose and he is ready and willing to furnish bail bonds for his release. Therefore, the bail application deserves to be allowed.
Learned Public Prosecutor has vehemently opposed the bail application.
Heard learned counsel for the parties and perused the material made available on record.
Taking into consideration the submissions put forth and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.
Therefore, the bail application is allowed. Accused-petitioner namely Suresh Kumar Yadav S/o Ram Chandra Yadav, shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/(Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
SAURABH /15
1 issue framed by the court
Whether the accused-petitioner is eligible for bail under Section 439 Cr.P.C. considering the allegations and co-accused status.
2 provisions across 2 enactments
Suresh Kumar Yadav
State Of Rajasthan
Sayar Kumar Gurjar
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
