High CourtsSingle Bench

Bajrang Lal vs State Of Rajasthan

Rajasthan High Court · Decided on 23 August 2023 · Citation: (2023) 08 RAJ CK 0089

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 380, 411, 457
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 10488 Of 2023
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Judgment

8 paragraphs · 324 words

Kuldeep Mathur, J

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.115/2023 Police Station Pokran, District Jaisalmer, for the offences under Sections 457, 380 and 411 of IPC.

Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by Magistrate. Learned counsel for the petitioner submitted that co-accused persons namely Ramful Jat S/o Jagdish

Anjana and Ashvin Kumawat @ Sotu S/o Pokar Mal have already been enlarged on bail by this Court vide order dated 18.08.2023 (S.B. Criminal Misc. Bail Application Nos.10166/2023 and 10167/2023). Learned counsel submitted that the petitioner is in judicial custody since long and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail application. However, he was not in position to dispute that aforementioned co-accused persons have already been enlarged on bail.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the case and keeping in view the fact that aforementioned co-accused persons have already been enlarged on bail by this Court and looking to the possibility that the trial may take long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner-Bajrang Lal S/o Sh. Lala Ram, arrested in connection with FIR No.115/2023 Police Station Pokran, District Jaisalmer; provided he executes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.