Citation : 2022 Latest Caselaw 5926 Raj/2
Judgement Date : 26 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7296/2022
Jagdish Gurjar Son Of Shri Pemaram, Aged About 22 Years,
Resident Of Kheda, Police Station Narena, District Jaipur (Raj.).
(At Present In Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Azazul Haq
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
26/08/2022
1. The matter comes up on application for early listing of the
case.
For the reasons mentioned in the application, the same is
allowed.
2. The instant bail application has been filed by the petitioner
Jagdish Gurjar Son of Shri Pemaram, under Section 439 Cr.P.C
against the order impugned passed by learned court below in
connection with FIR No.47/2022 registered at Police Station
Sambhar Lake, District Jaipur for the offence(s) under Sections
376(1) of IPC, Section 3/4 of the POCSO Act and Section 3(1)(w),
3(2)(v) of the SC/ST Act.
3. Learned counsel for the petitioners submits that similarly
situated accused Deepak Gurjar has already been granted benefit
of bail by this Court in Criminal Misc. Bail Application
(2 of 2) [CRLMB-7296/2022]
No.6201/2022 vide order dated 26.04.2022. Thus, on the ground
of parity, petitioner deserves to be enlarged on bail.
4. Per contra, learned Public Prosecutor opposed the bail
application.
5. Considering the arguments advanced by the counsel for the
parties and looking to the possibility that the trial may take long
time to conclude, this court deems it just and proper to enlarge
the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the above named accused-petitioner
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
Amit/23
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