High CourtsSingle Bench

Rahul S/o Babulal vs State Of Rajasthan

Rajasthan High Court · Decided on 15 September 2021 · Citation: (2021) 09 RAJ CK 0047

HON’BLE JUDGES
Devendra Kachhawaha, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 341, 395
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 11747 Of 2021
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Judgment

8 paragraphs · 305 words

Devendra Kachhawaha, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.143/2021, Police Station Dobra, District Dungarpur, registered for the offence punishable under Sections 341 and 395 of the Indian Penal Code.

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

Learned counsel for the petitioner stated that petitioner has falsely been implicated in this case; charge-sheet has been filed; co-accused Pankaj and Anr. have already been granted benefit of bail; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; benefit of bail has already been granted to co-accused persons namely, Pankaj @ Someshwar @ Soma S/o Sukhlal and Pankaj S/o Ramesh by this Court vide order dated 14.09.2021 (Bail Application No.11746/2021); and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the petitioner - Rahul S/o Babulal, arrested in connection with F.I.R. No.143/2021, Police Station Dobra, District

Dungarpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.