Roop Chand vs State Of Rajasthan
2022 Latest Caselaw 1581 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1411/2022

1. Roop Chand S/o Vaja, Aged About 30 Years, R/o Nani Ka Sath Police Thana Kushalgarh, District Banswara. (At Present Lodged In Dist. Jail, Dungarpur)

2. Rajesh S/o Hakla, Aged About 27 Years, R/o Macharasath Police Thana Sajjangarh, District Banswara. (At Present Lodged In Dist. Jail, Dungarpur)

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha, through V.C. For Respondent(s) : Mr. Anees Bhurat, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

01/02/2022

The petitioners have been arrested in connection with F.I.R.

No.386/2021, Poilce Station Kotwali, District Dungarpur, for the

offences under Sections 419, 420, 467, 468, 471, 120-B IPC and

Section 3/6 of Public Examination (Use of Unfair Means Act). They

have preferred this second bail application under Section 439

Cr.P.C.

The first bail application was dismissed as not pressed by

this Court vide order dated 01.12.2021 with liberty to file fresh

bail application after filing of the challan.

Learned counsel for the petitioners submits that challan of

the case has already been presented and now no investigation is

pending. Offences alleged to have been committed by the

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petitioners are triable by magistrate. The trial of the case will take

sufficient long time to be concluded, therefore, the benefit of bail

should be granted to the accused-petitioners.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and gone through the material available on record,

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

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

Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioners (1) Roop Chand

S/o Vaja & (2) Rajesh S/o Hakla, shall be released on bail in

connection with F.I.R. No.386/2021, Poilce Station Kotwali, District

Dungarpur provided each of them executes a personal bond in a

sum of Rs.2,00,000/- and two sound and solvent sureties of

Rs.1,00,000/- each to the satisfaction of learned trial court for

their appearance before that court on each and every date of

hearing and whenever called upon to do so till the completion of

the trial.

(MANOJ KUMAR GARG),J 69-prashant/-

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