Bhiya Ram @ Bhimla vs State Of Rajasthan
2021 Latest Caselaw 9756 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7478/2021

Bhiya Ram @ Bhimla S/o Shri Kalu Ram, Aged About 19 Years, R/o Khawaja Colony, Near Laxmi Dharmkanta, Bikaner (Raj.) (At Present Lodged In Central Jail, Bikaner)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Varun Arora through VC For Respondent(s) : Mr. Sudhir Tak, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA (VACATION JUDGE)

Judgment / Order

08/06/2021

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.134/2021, Police Station Sadar, District

Bikaner, registered for the offences under Sections 323, 341, 394,

34 of the Indian Penal Code.

Learned counsel for the petitioner appearing through video

conferencing stated that offences are triable by Magistrate;

petitioner is behind the bars since 19.04.2021; that the trial will

take time. With these submissions, learned counsel for the

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

accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail

application of the accused-petitioner and stated that three other

cases are pending against the accused-petitioner.

(2 of 2) [CRLMB-7478/2021]

In reply, learned counsel for the petitioner stated that in

those cases, benefit of bail has already been granted to the

accused-petitioner, out of three cases, two cases are pending in

Juvenile Justice Court, Bikaner.

Heard and considered the arguments advanced by the

learned counsel for the petitioner appearing through video

conferencing and learned Public Prosecutor present-in-person.

Perused the material available on record.

Having regard to the facts and circumstances of the case,

particularly to the fact that offences are triable by Magistrate and

accused-petitioner is behind the bars for more than one and half

month and the 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 Bhiya Ram @ Bhimla S/o Shri Kalu

Ram, arrested in connection with F.I.R. No.134/2021, Police

Station Sadar, District Bikaner, 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), VJ 34-amit/-

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