Prakash Kumar vs State
2022 Latest Caselaw 6817 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3660/2022

Prakash Kumar S/o Raghunath Ram, Aged About 28 Years, R/o Bageli Police Station Jhab, District Jalore. (Presently Lodged At Sub Jail, Sirohi)

----Petitioner Versus State, Through Pp

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2295/2022 Praveen Kumar S/o Ladhuram, Aged About 32 Years, R/o Deegav, Police Station Kerada, District Jalore. (Presently Lodged At Sub Jail, Sirohi)

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

----Respondent

For Petitioner(s) : Mr. Pritam Solanki For Respondent(s) : Mr. Mahi Pal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI Judgment / Order

07/05/2022

These bail applications have been filed under Section 439

CrPC on behalf of the petitioners, who are in judicial custody in

connection with FIR No.318/2021 registered at Police Station

Kotwali, District Sirohi offence under Sections 420, 120B of IPC

and Section 3/6 & 4/6 of The Rajasthan Public Examination

(prevention of Unfair means) Act, 1992.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

(2 of 3) [CRLMB-3660/2022]

Learned counsel for the petitioners submits that he could not

be detained more than three years under Section 3 of the

Rajasthan Public Examination (prevention of Unfair means) Act

1992. he further submitted that the offences are triable by the

Magistrate and charge sheet has been filed, accused-petitioner is

behind the bars, their further custody is not required for any

purpose and further investigation and trial will take sufficiently

long time, therefore, the benefit of bail may be granted to the

petitioner.

On contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioners.

Having regard to the facts and circumstances of the case,

particularly to the fact that the offences are triable by Magistrate

and trial will take sufficiently longtime, therefore, without

expressing any opinion on merits/demerits of the case, this Court

is of the opinion that the bail application filed by the petitioners

deserves to be accepted.

Consequently, the bail applications are allowed. It is ordered

that the accused-petitioners Prakash Kumar S/o Raghunath Ram &

Praveen Kumar S/o Ladhuram arrested in connection with FIR

No.318/2021 registered at Police Station Kotwali, District Sirohi

shall be released on bail provided they furnish a personal bond of

Rs.50,000/- (rupees Fifty Thousand) each and two sureties of

Rs.25,000/- (rupees Twenty Five Thousand), 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

completion of the trial.

(FARJAND ALI),J 105-106 nidhi/-

                                                     (3 of 3)                   [CRLMB-3660/2022]









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