High CourtsSingle Bench

Sahib vs State Of Rajasthan

Rajasthan High Court · Decided on 7 January 2021 · Citation: (2021) 01 RAJ CK 0269

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, 325, 341, 394, 397, 398, 511 · Arms Act, 1959 — Section 3, 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 15438 Of 2020
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Judgment

15 paragraphs · 308 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.489/2020 registered

at Police Station Kishangarhbas, District Alwar (Police District Bhiwadi) for the offence(s) under Section(s) 394 & 511 of I.P.C. and later on for the

offence under Sections 323, 341, 325, 394, 397, 511 & 398 of I.P.C. and Section 3/25 of Arms Act.

It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case. He submitted that the petitioner is in custody

since 07.10.2020, charge-sheet has been filed, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody,

filing of the charge-sheet 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 petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Sahib S/o Shri Shahid shall be released on bail under Section 439

Cr.P.C. in connection with afore- mentioned FIR registered at concerned Police Station, provided he furnishes 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 he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

However, looking to the nature of offence, it is made clear that in case the petitioner is found involved in offence(s) of similar nature in future, the

learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.