Dinesh vs State
2021 Latest Caselaw 9777 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7039/2021

Dinesh S/o Sh. Shriram, Aged 28 Years, R/o Doli Kalla, Tehsil Pachpadra, Police Station Kalyanpur, District Barmer. (Presently Lodged At Sub Jail Balotra).

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

----Respondent

For Petitioner(s) : Mr. D.L. Rawla through VC For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG Mr. Vikram Sharma, PP

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

Judgment / Order

10/06/2021

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.12/2021, Police Station Kalyanpur,

District Barmer, registered for the offences under Sections 341,

323, 327, 354, 392 of the Indian Penal Code.

Heard and considered the arguments advanced by the

learned counsel for the petitioner appearing through video

conferencing and learned GA-cum-AAG assisted by learned Public

Prosecutor present-in-person. Perused the material available on

record.

Learned counsel for the petitioner appearing through video

conferencing stated that offences are triable by Magistrate;

charge-sheet has been filed; that the trial will take time. With

(2 of 2) [CRLMB-7039/2021]

these submissions, learned counsel for the petitioner prayed that

the benefit of bail may be granted to the accused-petitioner.

Per contra, learned GA-cum-AAG assisted by learned Public

Prosecutor stated that six other cases are pending against

accused-petitioner, out of which four cases are of likewise nature.

Therefore, benefit of bail may not be granted to the accused-

petitioner.

It is admitted position that offences are triable by Magistrate

and charge-sheet has been filed.

Having regard to the facts and circumstances of the case,

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 Dinesh S/o Sh. Shriram, arrested in

connection with F.I.R. No.12/2021, Police Station Kalyanpur,

District Barmer, 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 29-amit/-

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