The High Court of Rajasthan allowed Section 439 Cr.P.C. bail application for the petitioner accused of offences under IPC and RD Act, releasing him on a personal bond with sureties without expressing an opinion on merits.
Petitioner released on bail on personal bond 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:26984]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
5871/2024
Sitaram S/o Bhogiram, R/o Murhan Ka Pura Kasba Nagar, Police Station Basaidang, District DholpurRaj. (At Present Confined In District Jail, Dholpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Dushyant Jain, Adv. For : Mr. Riyasat Ali, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
01/07/2024
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.01/2024 registered at Police Station Basaidang, District Dholpur for the offence(s) under Section(s) 147, 148, 149 332, 353, 307 of IPC and Section 11 of RD ACt.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will
[2024:RJ-JP:26984]
(2 of 2)
[CRLMB-5871/2024]
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 Sitaram S/o Bhogiram 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
YOGESH KUMAR /24
2 issues framed by the court
Whether regular bail should be granted to the accused-petitioner in the criminal trial.
If any, what security conditions are necessary for granting bail.
1 provisions across 1 enactments
Sitaram S/o Bhogiram
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
