The High Court allowed bail applications filed under Section 439 Cr.P.C. by the accused who had been in judicial custody for a long period, subject to furnishing personal bonds and sureties.
Petitioners released on bail upon furnishing personal bonds of Rs. 1,00,000/- with two sureties of Rs. 50,000/- 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:13160]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
333/2024
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.
736/2024
Ramsahay S/o Chitar, Aged About 47 Years, R/o Village Arniya, Thana Nainwa, District Bundi (Raj.). (Presently Confined In District Jail Bundi)
----Petitioner
[2024:RJ-JP:13160] (2 of 3) [CRLMB-333/2024]
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Raj Kumar Kasana, Adv. For : Mr. Bhawani Shankar Sharma, Respondent(s) P.P. & Mr. Neeraj Sharma, Adv.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
18/03/2024
These bail applications have been filed by petitioners under Section 439 Cr.P.C. seeking regular bail in FIR No.443/2023 registered at Police Station Nainwa, District Bundi for the offence(s) under Section(s) 147, 148, 341, 323 & 307 IPC.
Learned counsel for petitioners submits that accused-petitioners are innocent and they have been falsely implicated in these cases. He further submits that charge sheet has been filed. He also submits that accused-petitioners have been in judicial custody since long and the conclusion of the trial will take long time, hence petitioners may be enlarged on bail.
Learned Public Prosecutor appearing for the State as well as the learned counsel for complainant(s) have opposed these bail applications.
[2024:RJ-JP:13160]
(3 of 3)
[CRLMB-333/2024]
Taking into consideration the overall facts and circumstances of these cases, but without expressing any opinion on the merits and demerits of these cases, this Court deems it just and proper to enlarge petitioners on bail.
Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is ordered that accused-petitioners 1.Lekhraj S/o Sopal, 2.Thandiram S/o Prithviraj, 3.Jamnashankar S/o Laxman, 4.Jitendra S/o Soraj & 5.Ramsahay S/o Chitar shall be released on bail, provided each of them 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 petitioners shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
A copy of this order be placed in connected file.
(UMA SHANKER VYAS),J
DANISH USMANI /09 & 10
1 issue framed by the court
Whether the accused-petitioners should be granted regular bail in the absence of prejudice to the trial?
1 provisions across 1 enactments
Lekhraj S/o Sopal
Thandiram S/o Prithviraj
Jamnashankar S/o Laxman
Jitendra S/o Soraj
Ramsahay S/o Chitar
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
