Omprakash S/O Subaddhi vs State Of Rajasthan
2021 Latest Caselaw 6994 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 17394/2021

Omprakash S/o Subaddhi, Aged About 23 Years, R/o Pahadi
Thana Mahuaa, Dist. Dausa. (Raj.). (Accused Is Presently
Confined In Jail Karuli Dist. Karuli).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Petitioner(s) : Mr.Brijesh Bhardwaj For Respondent(s) : Mr.Arvind Kumar Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

29/11/2021

1. The present bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.150/2021 registered at Police Station Maslpur, Distt.

Karauli for the offence(s) under Sections 307, 392, 397 IPC and

3/25 Arms Act.

2. Learned counsel for the petitioner submits that there is no

evidence to show the nexus of the petitioner along with the

alleged crime as no identification parade has been conducted to

connect the accused with the crime. He further submits that the

recovery as made by the Investigating Agency is nothing but

farce. The petitioner is a young boy, his indefinite incarceration

would spoil his entire career. He also submitted that charge-sheet

has been submitted, and the petitioner has been wrongly

implicated in this case. Learned counsel further submitted that the

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petitioner is behind the bars since long and conclusion of trial may

take long time.

3. Learned Public Prosecutor has opposed the bail application.

4. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioner

on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Om prakash

S/o Subaddhi shall be enlarged on bail provided he furnishes a

personal bond in the sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of the learned trial Judge for

his appearance before the court concerned on all the dates of

hearing as and when called upon to do so.

(FARJAND ALI),J

SANDEEP RAWAT /23/29

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