Hanu Yadav vs State
2021 Latest Caselaw 3299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14304/2020

Hanu Yadav S/o Sushil Yadav, Aged 24 Years, R/o Gadli Ki Dhani, Fouladpur Police Station Shahpur, District Alwar. (At Present Lodged In Sub Jail Jaitaran).

----Petitioner Versus State of Raj., Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Tarun Dhaka
For Respondent(s)        :     Mr. Mukhtiar Khan, PP
                               Mr. Abdul Kalam Gouri for
                               complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

05/02/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.468/2020, Police Station Jaitaran,

District Pali, registered for the offence under Sections 457, 392,

323, 120-B of the Indian Penal Code.

Heard and considered the arguments advanced by the

learned counsel for the petitioner and learned Public Prosecutor as

well as counsel for the complainant. Perused the material available

on record.

Learned counsel for the petitioner stated that offences are

triable by Magistrate; charge-sheet has been filed; no other case

pending against the accused-petitioner; further investigation and

trial will take time. With these submissions, learned counsel for

(2 of 2) [CRLMB-14304/2020]

the petitioner prayed that the benefit of bail may be granted to

the accused-petitioner.

Per contra, learned Public Prosecutor and counsel for the

complainant vehemently and fervently opposed the bail application

and stated that silver chain was recovered from the accused-

petitioner.

Having regard to the facts and circumstances of the case,

particularly to the fact that offences are triable by Magistrate and

charge-sheet has been filed; and further investigation and trial will

take sufficiently long time, therefore, without expressing any

opinion on the merits/demerits of the case, this Court is of the

opinion that the bail application filed by the petitioner deserves to

be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Hanu Yadav S/o Sushil Yadav, arrested

in connection with F.I.R. No.468/2020, Police Station Jaitaran,

District Pali, shall be released on bail, if not wanted in any other

case; provided he furnishes a personal bond of Rs.50,000/- and

two surety bonds of Rs.25,000/- each to the satisfaction of the

learned trial Court with the stipulation to appear before that Court

on all dates of hearing and as and when called upon to do so.

(DEVENDRA KACHHAWAHA),J 30-amit/-

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