Allowed

Harish v. State of Rajasthan

Rajasthan HC30 May 2024CRLMB/6591/2024

Case brief

AI extract

What is this about?

This order allows a joint bail application filed by two accused-petitioners facing charges under Section 409 IPC. The court, noting that the alleged amount has been deposited and offences are triable by a Magistrate, granted bail subject to the execution of a personal bond and sureties.

What did the court decide?

Bail granted upon furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each to the satisfaction of the learned trial Judge.

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

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[2024:RJ-JD:25007]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6591/2024

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Harish S/o Mohan Lal, Aged About 30 Years, R/o Tamboliya , Police Station Sitamau, Distt Mandsaur, Madhyapradesh. ( Presently Lodged In Distt Jail Dungarpur)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 6597/2024 Jitendra Kumar S/o Yogesh, Aged About 24 Years, R/o Nandawata, Police Station Bhavgarh, Dist. Mandsor, Madhya Pradesh. (Presently Lodged In Sub Jail, Sagwada)

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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. BR Bishnoi
	Mr. Bhagat Dadhich
For Respondent(s)	: Mr. Mahipal Bishnoi,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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30/05/2024

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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-petitioners. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of the Case
1.	FIR Number 101/2024
2.	Concerned Police Station Sagwada
3.	District Dungarpur

(2 of 3)

[2024:RJ-JD:25007]

[CRLMB-6591/2024]

Offences alleged in the FIR Under Sections 409 of IPC

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1. Offences added, if any

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Date of passing of impugned 21.05.2024 order

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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 for the alleged offences is made out against them and their 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-petitioners and they have 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 alleged defalcated amount has been deposited back. The offences alleged are triable by a Court of magistrate. This Court has elaborately dealt with the bail jurisprudence pertaining to offences which are triable by a court of Magistrate and has passed a detailed order in Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023. In view of the deliberation and enunciation made therein and since there is high probability that the trial may take long

(3 of 3)

[2024:RJ-JD:25007]

[CRLMB-6591/2024]

time to conclude, 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 accusedpetitioners as named in the cause title shall be enlarged on bail provided each of them 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 their 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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67-chhavi/-

Harish v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harish v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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