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Hemant Sharma S/o Hariom B/c Brahmin vs State of Rajasthan Through PP

Rajasthan High Court · Decided on 19 June 2017 · Citation: (2017) 06 RAJ CK 0051

HON’BLE JUDGES
Kailash Chandra Sharma
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-439>Section 439</a> - Special powers of High Court or Court of Session regarding bail · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-394
CASE NUMBER
7919 of 2017
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Judgment

31 paragraphs · 301 words
1.

This bail application has been filed under Section 439 Cr.P.C. behalf of the petitioners.

2.

Brief facts of the case are that an FIR No.186/2015 was

registered at P.S. Kumher District Bharatpur for the offences

mentioned under Sections 394 and 120B IPC therein against the

accused petitioners. During the course of investigation, the

accused petitioners were arrested. Thereafter they moved the bail

application before the trial court, which vide impugned order

dismissed the same. Hence this bail application has been filed on

behalf of the petitioners.

3.

Learned counsel for the petitioners has contended that there

is no criminal case made out against the petitioners. It has also

been contended that the accused petitioners are in judicial lockup

since long, the alleged offence is triable by the Ist Class

Magistrate, trial of the case is likely to take time, hence the

accused petitioners should be released on bail.

4.

On the other hand, learned Public Prosecutor has opposed

the bail application.

5.

Looking to the facts and circumstances of the case, but

without expressing any opinion on the merits and demerits of the

case, I deem it just and proper to release the petitioners on bail.

6.

Therefore, this bail application is allowed and it is directed

that accused petitioners (1) Hemant Sharma S/o Hariom (2)

Nandam Singh S/o Gopal Singh shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR

registered at concerned Police Station, provided they furnishe a

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand)

together with two sureties in the sum of Rs.25,000/- (Rupees

Twenty Five Thousand) each to the satisfaction of the trial court

with the stipulation that they shall appear before that court on all

subsequent dates of hearing and as and when called upon to do

so.