Madanmohan vs State Of Rajasthan
2021 Latest Caselaw 5585 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 4th Bail Application No. 2805/2021

Madanmohan S/o Mahipal, Aged About 38 Years, B/c Meena, R/o Saimrda, Police Thana Sapotra, Dist. Karauli. (Presently Confined At Sub Jail, Pokaran).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Nishant Bora
                                Mr. Kanishk Singhvi
For Respondent(s)         :     Mr. Sumer Singh Rajpurohit, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

25/02/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.103/2012

of Police Station Jawar Mines, District Udaipur for the offence(s)

punishable under Section(s) 420, 406 and 120-B of IPC.

He/She/They has/have preferred this/these bail application(s)

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

trial court has rejected the fourth bail application of the petitioner

while observing that several cases are pending against him in

various courts, details whereof have been mentioned in the order

of the trial court itself. Learned counsel has submitted that in all

the said cases registered against the petitioner, he has now been

acquitted by the appellate court vide judgment dated 19.01.2021.

(2 of 2) [CRLMB-2805/2021]

It is submitted that the petitioner is in custody and trial of the

case is likely to take time.

Learned counsel for the petitioner(s) has submitted that the

offence(s) alleged to have been committed by the petitioner(s)

is/are triable by Magistrate.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and circumstances

of the case and taking into consideration that the alleged

offence(s) levelled against the petitioner(s) is/are triable by

Magistrate, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s)

Madanmohan S/o Mahipal shall be released on bail in connection

with FIR No.103/2012 of Police Station Jawar Mines, District

Udaipur provided he/she/they execute(s) a personal bond in a

sum of Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court for

his/her/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.

(VIJAY BISHNOI),J

45-mohit/-

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