High Court allowed bail applications filed by two accused struggling with prolonged judicial custody for offences under IPC 457 and 380, deeming release just and proper without expressing opinion on merits.
Petitioners shall be released on bail upon furnishing 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-JP:6774]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
773/2024
Subhash S/o Jagan, R/o Tawran Ki Dhani, Tan Loyati, Police Station Bansur, Tehsil Bansur, District Kotputli- Behror. (At Present Confined In Sub Jail Behror, District Kotputli-Behror).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.
774/2024
Manjeet @ Khillu S/o Ramchandra, Aged About 32 Years, R/o Mothuka, Police Station Bansur, Tehsil Bansur, District Kotputli- Behror. (At Present Confined In Sub Jail Behror, District KotputliBehror).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bharat Yadav, Adv. For : Mr. Ghan Shyam Singh Respondent(s) Rathore, GA-cum-AAG, with Mr. Tejendra Pal Singh Rathore, Adv.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
09/02/2024
[2024:RJ-JP:6774]
(2 of 3) [CRLMB-773/2024]
These bail applications have been filed by petitioners under Section 439 Cr.P.C. seeking regular bail in FIR No.596/2023 registered at Police Station Bansur, District Kotputli-Behror for the offence(s) under Section(s) 457 & 380 IPC.
Learned counsel for petitioners submits that accused-petitioners are innocent and they have been falsely implicated in these cases. He further 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 Government Advocate-cum-Additional Advocate General appearing for the State has opposed these bail applications.
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.Subhash S/o Jagan & 2.Manjeet @ Khillu S/o Ramchandra shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two
[2024:RJ-JP:6774] (3 of 3) [CRLMB-773/2024]
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 /11 & 12
1 issue framed by the court
Whether the petitioners are entitled to regular bail in pending criminal trial under Section 439 Cr.P.C.
1 provisions across 1 enactments
Subhash S/o Jagan
Manjeet @ Khillu S/o Ramchandra
State Of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
