High CourtsSingle Bench

Vikash And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 14 October 2022 · Citation: (2022) 10 RAJ CK 0023

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 307, 323, 327, 341, 395 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Partly Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 10635 Of 2022
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Judgment

9 paragraphs · 313 words

Manoj Kumar Garg, J

The petitioners have been arrested in connection with FIR No.203/2022 of Police Station Sajjangarh, District Banswara for the offence punishable under Sections 341, 307, 395, 327, 323 of IPC. They have preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that petitioner has been declared juvenile by the trial court and does not want to press the bail application filed on behalf of petitioner No.3.

Hence, the bail application filed by the petitioner No.3 Pawan is hereby dismissed as not pressed.

So far as petitioners No.1,2,4 are concerned, Counsel for the petitioners submits that complainant Pragnesh Labana has been examined before the Court as PW-1 and he has been declared hostile. Challan of the case has been presented and no investigation is pending. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and perused the material on record.

Having regard to facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is partly allowed and it is directed that petitioners (1) Vikash S/o Sh. Manji, (2) Anesh S/o Sh. Parsingh Dama, (4) Jagmal S/o Sh. Tajheng, shall be released on bail in connection with FIR No. 203/2022 of Police Station Sajjangarh, District Banswara provided they execute personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.