Citation : 2021 Latest Caselaw 9846 Raj
Judgement Date : 28 June, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8102/2021
1. Rajendra @ Rajbir Singh @ Raju S/o Mohan Singh, Aged About 22 Years, Resident Of Kamliyas, Police Station Gulabpura T Present At Dolatpura, Rayla District Bhilwara At Present At Bedwas, Police Station Pratapnagar Udaipur (Rajasthan). (At Present Lodged In Central Jail Udaipur).
2. Hemraj @ Monti S/o Lalu Ram Gurjar, Aged About 21 Years, Resident Of Sath Amba, Police Station Vallabhnagar, At Present At Math Madri, Police Station Pratapgarh, Udaipur (Rajasthan). (At Present Lodged In Central Jail Udaipur).
----Petitioners Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sharma, through VC For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order
28/06/2021
For defect No.1, scanned copy of certified copy issued by
learned trial court has been filed by learned counsel for the
petitioner, therefore, defect no.1 pointed out by the office is
ignored. For defect No.2, due to pandemic COVID-19 situation, the
welfare stamps could not be made available and, therefore, the
same could not be affixed. Therefore, defect No.2 pointed out by
the office is ignored.
(2 of 3) [CRLMB-8102/2021]
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.180/2021, Police Station Pratapnagar,
District Udaipur, registered for the offences under Section 379 IPC.
Heard learned counsel for the petitioners through VC and
learned Public Prosecutor. Perused the material available on
record.
Learned counsel for the petitioners stated that offence is
triable by Magistrate; charge-sheet has been filed in the matter;
trial will take sufficiently long time, therefore, benefit of bail may
be granted to the accused-petitioners.
On the contrary, learned Public Prosecutor opposed the bail
application of the accused-petitioners and stated that five other
cases have been registered against the accused-petitioners.
Since offence is triable by Magistrate and 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 deserve to be
accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioners-(1) Rajendra @ Rajbir Singh @ Raju
S/o Mohan Singh, and (2) Hemraj @ Monti S/o Lalu Ram Gurjar,
arrested in connection with F.I.R. No.180/2021, Police Station
Pratapnagar, District Udaipur, shall be released on bail, if not
(3 of 3) [CRLMB-8102/2021]
wanted in any other case, provided each of them furnishes a
personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two
sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to
the satisfaction of the learned trial Court for his appearance before
that Court on each and every date of hearing and whenever called
upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J 119-Bharti/-
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