Rakesh @ Choti vs State Of Rajasthan
2022 Latest Caselaw 3461 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2968/2022

Rakesh @ Choti S/o Shri Jai Narayan, Aged About 36 Years, R/o Khamlay, Police Station Chipabad, District Harda, Madhya Pradesh.

(At Present Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Ashok Bhawad, through V.C. For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

05/03/2022

The present bail application has been filed under Section 439 of

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.138/2021, Police Station Dangiyawas, Jodhpur, for the

offences under Sections 3/25(1-B)(A), 5/25 of Arms Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the offences

alleged to have been committed by the petitioner are triable by

Magistrate. Counsel further submits that co-accused- Ram Singh @

Guru has already been enlarged on bail by the trial court. Challan of

the case has already been presented and no investigation is pending.

The accused-petitioner is in judicial custody and trial of the case will

take sufficient long time, therefore, he prays that the petitioner may

be enlarged on bail.

The learned Public Prosecutor opposes the bail application.

(2 of 2) [CRLMB-2968/2022]

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, this Court is of the

opinion that the bail application filed by the petitioner deserves to be

accepted.

Consequently, the present bail application filed under Section

439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-

Rakesh @ Choti S/o Jai Narayan arrested in connection with F.I.R.

No.138/2021, Police Station Dangiyawas, Jodhpur shall be released

on bail provided he furnishes a personal bond of Rs.2,00,000/- with

two sureties of Rs.1,00,000/- each to the satisfaction of the learned

trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

However, it is made clear that after the enlargement of the

petitioner on bail in this case, if the petitioner is found involved in

any other criminal case, then no leniency will be extended to him in

future. Record of this condition and the antecedents of the petitioner

will be maintained by the concerned Police Station where the

petitioner resides.

A copy of this order be sent to the local Police Station where

the petitioner resides.

It is also ordered that the petitioner will mark his attendance in

the local Police Station of the area of his permanent residence in

every three months.

(MANOJ KUMAR GARG),J 60-Prashant/-

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