High CourtsSingle Bench

Rajesh vs State

Rajasthan High Court · Decided on 13 January 2021 · Citation: (2021) 01 RAJ CK 0137

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 395 · Arms Act, 1959 — Section 3, 25
RESULT
Allowed
CASE NUMBER
CriminalMiscellaneous 2nd Bail Application No. 331 Of 2021
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Judgment

13 paragraphs · 266 words

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.111/2020, Police Station Sidhmukh District Churu for the offences under Sections 395, 120-B of IPC and section 3/25 of Arms Act.

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

It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this court vide order dated 04.11.2020, the charge

sheet has been filed. As per the investigating agency, the petitioner was not found present on the spot of the incident, he has been charged under

section 120-B of IPC. The petitioner has also not been identified by the complainant. The conclusion of trial will take sufficiently long time, therefore,

it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail. Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper

to release the petitioner on bail.

Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Rajesh S/o Ratan Lalarrested in connection with F.I.R.

No.111/2020, Police Station Sidhmukh District Churu shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty

Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.