Citation : 2021 Latest Caselaw 863 Raj/2
Judgement Date : 28 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
12228/2020
Akka @ Akeel @ Jadeja Son Of Shri Pappu @ Deen Mohammed
Mev, Aged About 24 Years, Resident Of Chorgadhi, Police
Station, Khoh, District Bharatpur (Rajasthan) (Presently
Confined In Jail At Kotputli, District Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta present in the Court For Respondent(s) : Mr. Deshraj Gosingha, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
28/01/2021
1. Petitioner has filed this bail application under Section 439
Cr.P.C.
2. F.I.R. No.835/2019 was registered at Police Station Kotputli,
District Jaipur for offence under Sections 365, 395 & 342 I.P.C.
3. It is contended by counsel for the petitioner that co-accused
have been enlarged on bail. The matter was kept pending under
Section 173(8) of Cr.P.C. against six persons. Name of petitioner
was not even there in the earlier charge-sheet and proceedings
were not kept pending against the petitioner under Section 173(8)
of Cr.P.C. Petitioner was made an accused because he had criminal
antecedents. No test identification parade was conducted to
connect the petitioner with the crime.
(2 of 2) [CRLMB-12228/2020]
4. Learned Public Prosecutor has opposed the bail application.
It is contended that petitioner has criminal antecedents.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the
petitioner, I deem it proper to allow the bail application.
7. This bail application is, accordingly, allowed and it is directed
that accused-petitioner shall be released on bail provided he
furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction
of the trial Court with the stipulation that he shall appear before
that Court and any Court to which the matter be transferred, on
all subsequent dates of hearing and as and when called upon to do
so.
8. A copy of this order be sent to concerned S.H.O. for
recording this condition in the Village Crime Record Book so that
in the event of petitoner's repeating offence, S.H.O. can move the
Court for cancellation of bail.
(PANKAJ BHANDARI),J
ARTI SHARMA /7
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