Rakesh vs State
2021 Latest Caselaw 5883 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2930/2021

Rakesh S/o Shri Kanti Lal, Aged About 21 Years, R/o Koiwav Hadmatiya, P.S. Arthuna, District Banswara. (Presently Lodged In District Jail, Banswara).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Hitendra Singh For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/03/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.31/2021 of Police

Station Anandpuri, District Banswara for the offence punishable

under Section 379 IPC. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that offence

alleged to have been committed by the petitioner is triable by

Magistrate.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and taking into consideration the fact that the alleged

offence levelled against the petitioner is triable by Magistrate,

without expressing any opinion on the merits of the case, I deem

(2 of 2) [CRLMB-2930/2021]

it just and proper to grant bail to the accused petitioner under

Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Rakesh S/o

Shri Kanti Lal shall be released on bail in connection with FIR

No.31/2021 of Police Station Anandpuri, District Banswara

provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of 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.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.125

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