High CourtsSingle Bench

Bhura Ram vs State Of Rajasthan

Rajasthan High Court · Decided on 23 June 2023 · Citation: (2023) 06 RAJ CK 0051

HON’BLE JUDGES
Rajendra Prakash Soni, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 446, 439 · Arms Act, 1959 — Section 3, 5, 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 4773 Of 2023
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Judgment

5 paragraphs · 293 words

Rajendra Prakash Soni, J

1.

The prayer made in this bail application filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report No.153/2023 of Police Station Suratgarh, District Sri Ganganagar in respect of offence(s) punishable under Section(s) 3/25 & 5/25 of the Arms Act.

2.

Learned counsel for the petitioner contends that he has been falsely implicated; that the offences registered under IPC are triable by the Magistrate. He, therefore, prays that the petitioner may be enlarged on bail.

3.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that in the facts of the present case, it is expedient that accused be kept in the custody.

4.

Keeping in view the totality of the facts and circumstances of the case, present bail application is allowed and the petitioner- Bhura Ram S/o Panchi Ram is ordered to be released on bail subject to their furnishing bail/surety bonds of sufficient amount to the satisfaction of trial court in connection with the F.I.R. No.153/2023 of Police Station Suratgarh, District Sri Ganganagar with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of his release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.