Bharat vs State
2022 Latest Caselaw 4605 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 3833/2022

Bharat S/o Shri Maliya Harijan, Aged About 29 Years, R/o Village Kasarwadi, P.s. Sajjangarh, District Banswara (Rajasthan) (Presently Lodged In District Jail, Banswara)

----Petitioner Versus State of Rajasthan through P.P.

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore. For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

24/03/2022

The petitioner has been arrested in connection with F.I.R.

No.368/2021, Police Station Sajjangarh (Banswara), for the

offences under Sections 498-A & 306 of I.P.C. He has preferred

this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed as withdrawn by this

Court vide order dated 10.02.2022 with liberty to file fresh bail

application after filing of the challan.

Learned counsel for the petitioner submits that now challan

of the case has already been presented and there is no evidence

against the petitioner for abetment to commit suicide. The trial of

the case will take sufficient long time to be concluded, therefore,

the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-3833/2022]

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 petitioner 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 petitioner Bharat S/o Shri

Maliya Harijan shall be released on bail in connection with F.I.R.

No.368/2021, Police Station Sajjangarh (Banswara) provided he

executes a personal bond in a sum of Rs.1,00,000/- and two

sound and solvent sureties of Rs.50,000/- 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.

(MANOJ KUMAR GARG),J 57-prashant/-

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