High CourtsSingle Bench

Chotu Lal And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 4 December 2020 · Citation: (2020) 12 RAJ CK 0028

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 323, 353, 427 · Prevention Of Damage to Public Property Act, 1984 — Section 3
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14497, 14498 Of 2020
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Judgment

14 paragraphs · 274 words

The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 268/2020

registered at Police Station R.K. Puram, District Kota for the offence(s) under Section 323, 353, 427 of I.P.C. and Section 3 of Prevention of

Damage to Public Property Act, 1984.

It is contended by the learned counsels for the petitioners that they have falsely been implicated in this case. They submit that the petitioners are in

custody for about a month, investigation as against them is complete, the offences are triable by Magistrate, they have no criminal antecedents and

pray for their release on bail.

Learned Public Prosecutor has opposed the bail applications. Taking into consideration the submissions advanced by learned counsel for the

petitioners, the nature of allegations against them, their length of custody, the offences being triable by Magistrate and absence of criminal

antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail applications are allowed and it is directed that accused-petitioners 1. Chotu Lal S/o Shri Bheru Lal & 2. Dev Prakash Gurjar S/o

Shri Jagdish shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station,

provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall comply with all the conditions

laid down under Section 437(3) Cr.P.C.