[2023:RJ-JP:22035]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No.
11710/2023
Banesh @ Forya S/o Babu Lal, Aged About 27
Years, R/o Galad Khurd, P.s Malarna Dungar, District
Sawai Madhopur (Raj.) (At Present In District Jail,
Sawai Madhopur)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajesh Sharma, Adv.
For : Mr. Mahendra Meena, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 12/09/2023 This second bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.76/2022 registered at Police Station Bonli, District Sawai Madhopur (Rajasthan) for the offence(s) under Section(s) 143, 323, 341, 427, 506 & 379 IPC (during investigation, Section(s) 324, 325 & 307 IPC were added).
The first bail application of the accused- petitioner was dismissed as withdrawn by this Court vide order dated 06.07.2023, giving liberty to the (Downloaded on 11/11/2023 at 07:57:13 PM) [2023:RJ-JP:22035] (2 of 3) [CRLMB-11710/2023] accused-petitioner to file afresh after filing of the charge sheet.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that charge sheet has been filed and there are no criminal antecedents against the accused-petitioner. He also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Banesh @ Forya S/o Babu Lal shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner (Downloaded on 11/11/2023 at 07:57:13 PM) [2023:RJ-JP:22035] (3 of 3) [CRLMB-11710/2023] shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J DANISH USMANI /06 (Downloaded on 11/11/2023 at 07:57:13 PM) Powered by TCPDF (www.tcpdf.org)