Kiran Kumar Kiniya vs State Of Rajasthan
2021 Latest Caselaw 9779 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6578/2021

1. Kiran Kumar @ Kiniya S/o Sh. Harbansh Lal, Aged 25 Years,

2. Kuldeep @ Bhola S/o Sh. Vijay Kumar, Aged 30 Years, Both are R/o W. No. 13, Ellanabad, Distt. Sirsa (Haryana). (At Present Lodged In Sub Jail, Nohar).

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

----Respondent

For Petitioner(s) : Mr. Ganga Ram Bhari through VC For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG Mr. Sudhir Tak, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA (VACATION JUDGE) Judgment / Order 10/06/2021

Defect pointed by the Office is provisionally over-ruled.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioners, who are in judicial custody in

connection with F.I.R. No.89/2020, Police Station Rawatsar,

District Hanumangarh, registered for the offences under Sections

392, 323, 34 of the Indian Penal Code.

Heard and considered the arguments advanced by the

learned counsel for the petitioners 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 petitioners appearing through video

conferencing stated that offences are triable by Magistrate;

(2 of 2) [CRLMB-6578/2021]

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

these submissions, learned counsel for the petitioners prayed that

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

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

Prosecutor stated that two other cases are pending against

accused-petitioner No.1 Kiran Kumar and five other cases are

pending against the accused-petitioner No.2 Kuldeep @ Bhola and

opposed the bail application of the accused-petitioners.

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 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 petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioners No.1 Kiran Kumar @ Kiniya S/o Sh.

Harbansh Lal, and No.2 Kuldeep @ Bhola S/o Sh. Vijay Kumar,

arrested in connection with F.I.R. No.89/2020, Police Station

Rawatsar, District Hanumangarh, shall be released on bail, if not

wanted in any other case; provided each of them 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 84-amit/-

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