High CourtsSingle Bench

Shailender Kumar And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 2 December 2021 · Citation: (2021) 12 RAJ CK 0007

HON’BLE JUDGES
Anoop Kumar Dhand, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 323, 324, 341, 452, 504
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 16179 Of 2021
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Judgment

6 paragraphs · 247 words

Anoop Kumar Dhand, J

This bail application under Section 439 Cr.P.C. is filed by petitionerd in connection with FIR no.603/2021, registered at Police Station Sangaria, District Hanumangarh, wherein they were charged for offences punishable under Sections 452, 323, 324, 341, 504/34 IPC.

Learned counsel for the petitionerd submits that except Section 452 of the IPC, rest of the offences are bailable and charge-sheet has been submitted. The alleged offence is triable by First Class Magistrate.

Per contra, learned Public Prosecutor as well as learned counsel appearing for the complainant have opposed the bail application.

Looking to the totality of the facts and circumstances of the case and the fact that the charge-sheet has been submitted for the offence triable by court of First Class Magistrate, without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence to the petitioners by enlarging him on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners (1) Shailender Kumar S/o Rakesh Kumar (2) Rakesh Kumar S/o Sohan Lal and (3) Subhash Chander S/o Sohan Lal arrested in connection with F.I.R. No.603/2021, Police Station Sangaria, District Hanumangarh, may be released on bail; provided they furnish personal bonds of Rs.50,000/- each with two sureties of like amount to the satisfaction of 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.