High CourtsSingle Bench

Shanker vs State Of Rajasthan

Rajasthan High Court · Decided on 6 September 2023 · Citation: (2023) 09 RAJ CK 0012

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 379
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 10567 Of 2023
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Judgment

6 paragraphs · 235 words

Kuldeep Mathur, J

The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking bail in connection with the FIR No.252/2023 registered at Police Station Gulabpura, District Bhilwara, for the offences punishable under Section 379 of the IPC.

Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by Magistrate. The accused-petitioner is behind the bars and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case and looking to the possibility that the trial may take long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner-Shanker S/o Ramniwas Lohar, shall be released on bail in connection with FIR No.252/2023 registered at Police Station Gulabpura, District Bhilwara, provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.