Omprakash S/O Subaddhi vs State Of Rajasthan

Citation : 2021 Latest Caselaw 6994 Raj/2
Judgement Date : 29 November, 2021

Rajasthan High Court
Omprakash S/O Subaddhi vs State Of Rajasthan on 29 November, 2021
Bench: Farjand Ali
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 17394/2021

Omprakash S/o Subaddhi, Aged About 23 Years, R/o Pahadi
Thana Mahuaa, Dist. Dausa. (Raj.). (Accused Is Presently
Confined In Jail Karuli Dist. Karuli).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Petitioner(s) : Mr.Brijesh Bhardwaj For Respondent(s) : Mr.Arvind Kumar Choudhary, PP HON'BLE MR. JUSTICE FARJAND ALI Judgment / Order 29/11/2021

1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.150/2021 registered at Police Station Maslpur, Distt. Karauli for the offence(s) under Sections 307, 392, 397 IPC and 3/25 Arms Act.

2. Learned counsel for the petitioner submits that there is no evidence to show the nexus of the petitioner along with the alleged crime as no identification parade has been conducted to connect the accused with the crime. He further submits that the recovery as made by the Investigating Agency is nothing but farce. The petitioner is a young boy, his indefinite incarceration would spoil his entire career. He also submitted that charge-sheet has been submitted, and the petitioner has been wrongly implicated in this case. Learned counsel further submitted that the (Downloaded on 01/12/2021 at 09:37:54 PM) (2 of 2) [CRLMB-17394/2021] petitioner is behind the bars since long and conclusion of trial may take long time.

3. Learned Public Prosecutor has opposed the bail application.

4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Om prakash S/o Subaddhi shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

(FARJAND ALI),J SANDEEP RAWAT /23/29 (Downloaded on 01/12/2021 at 09:37:54 PM) Powered by TCPDF (www.tcpdf.org)