In this bail application, the petitioner, arrested for cheating and forgery, argued for release due to lengthy trial. The High Court of Rajasthan, without expressing an opinion on merits, deemed it just to grant bail subject to a personal bond.
Release on bail by executing a 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-JD:26190]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7229/2024
Om Prakash S/o Sh Nand Ram, Aged About 38 Years, R/o Lunas, Police Station Taranagar Distt Vhuru. ( At Present Lodged In Sub Jail, Taranagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : | Mr. R.S. Choudhary |
|---|---|---|
| For Respondent(s) | : | Mr. S.S. Rajpurohit, PP Mr. Harshvardhan Singh Rathore with |
| Mr. Jaideep Singh Saluja, for complainant. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/07/2024
The petitioner has been arrested in connection with FIR No.251/2022 of Police Station Taranagar, District Churu, for the offence punishable under Sections 420, 406, 467, 468, 471 & 120-B of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that offences are triable by Magistrate. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application.
[2024:RJ-JD:26190]
[CRLMB-7229/2024]
(2 of 2)
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Om Prakash S/o Nand Ram, shall be released on bail in connection with FIR No.251/2022 of Police Station Taranagar, District Churu, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
84-Ishan/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in a non-bailable offence triable by a Magistrate.
1 provisions across 1 enactments
Om Prakash S/o Sh Nand Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
