High CourtsSingle Bench

Bhim @ Bhimla vs State Of Rajasthan

Rajasthan High Court · Decided on 28 November 2022 · Citation: (2022) 11 RAJ CK 0138

HON’BLE JUDGES
Farjand Ali, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(6), 439 · Indian Penal Code, 1860 — Section 380, 457
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous II Bail Application No. 14392 Of 2022
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Judgment

6 paragraphs · 250 words

Farjand Ali, J

1.

The instant second bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Bhim @ Bhimla S/o Purkharam. The petitioner has been arrested in connection with FIR No.139/2022 registered at Police Station Hanumangarh Junction, District Hanumangarh for the offence(s) under Sections 457, 380 IPC.

2.

Learned counsel for the petitioners submits that though the petitioner is shown to be involved in number of cases relating to theft, however, looking to the fact that the petitioner is in custody since 3.3.2022 and his further incarceration is not required for any purpose, he deserves to be enlarged on bail.

3.

Per contra, learned Public Prosecutor opposed the bail application.

4.

Considering the arguments advanced by the counsel for the parties and looking to the fact that the petitioner is in custody since 3.3.2022, the offence is triable by Magistrate and his further incarceration is not required for any purpose, taking into account the provisions contained in Section 437 (6) Cr.P.C., this court deems it just and proper to enlarge the petitioner on bail.

5.

Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, named above, shall be enlarged on bail provided he 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.