Rajasthan High Court - Jodhpur
Yogendra vs State Of Rajasthan (2025:Rj-Jd:27285) on 17 June, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:27285]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6333/2025
Yogendra S/o Shri Ramgopal Sharma, Aged About 58 Years,
Resident Of Ward No. 15, Ratannagar, Tehsil And District Churu
(Raj.) (At Present Lodged In District Jail Churu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devednra Mahlana
For Respondent(s) : Mr. Sri Ram Choudhary, PP
Mr. SK Verma
HON'BLE MR. JUSTICE FARJAND ALI
Order 17/06/2025
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C./483 BNSS at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case
1. FIR Number 05/2025
2. Concerned Police Station Ratan Nagar
3. District Churu
4. Offences alleged in the FIR Under Sections 108, 3(5)
of BNS
5. Offences added, if any -
6. Date of passing of impugned 21.05.2024 order
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in (Downloaded on 17/06/2025 at 09:37:38 PM) [2025:RJ-JD:27285] (2 of 3) [CRLMB-6333/2025] the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and gone through material available on record, more particularly the so called suicide note purportedly written by the deceased Mahendra Kumar before ending his life. A perusal of the FIR, other material and the content of suicide note suggesting financial constraints of the deceased. He committed suicide at his own and as per him, the compelling reasons behind his drive to end his life was money borrowed by him from four persons. The suicide note reflects that he borrowed Rs.6,00,000/- and for which Rs.55,000/- interest was paid by him and this has been shown as ground compelling him to end his life. Whether the facts and circumstances of the case and the act alleged would constitute an offence for abatement to commit suicide will surely be a question to moot and the same can be adjudicated by the trial court after taking on record the entire evidence, however, as on date, I see no reason to longavate the detention of petitioner of aforesaid accusation. He is behind the bars and resident of the address mentioned in the bail application and no apprehension has been shown that if (Downloaded on 17/06/2025 at 09:37:38 PM) [2025:RJ-JD:27285] (3 of 3) [CRLMB-6333/2025] released on bail, he would not flee from justice and would be readily available for trial and would not hamper or temper the evidence. There is high probability that the trial may take long time to conclude. Considering the above and taking guidance from judgment passed by Hon'ble the Supreme Court in case of Amalendu Pal @ Jhantu Vs. State of West Bengal, AIR 2010, SC 512 and Madan Mohan Singh Vs. Sate of Gujarat & Anr., AIR 2011, SC 806, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
5. Accordingly, the instant bail application under Section 439 Cr.P.C./483 BNSS is allowed and it is ordered that the accused-petitioner as named in the cause title 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 73-chhavi/-
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