Rajkumar vs State Of Rajasthan (2023:Rj-Jd:41909)
2023 Latest Caselaw 10398 Raj

Rajasthan High Court - Jodhpur

Rajkumar vs State Of Rajasthan (2023:Rj-Jd:41909) on 4 December, 2023

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2023:RJ-JD:41909]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14790/2023

Rajkumar S/o Asharam, Aged About 26 Years, R/o 3 Str, Tehsil Gharsana, Dist. Anupgarh (Raj.) (At Present Lodged In Sub Jail, Anupgarh)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ram Kumar S/o Sikaram, R/o 2 Ssm, Chhatargarh, Dist.

Anupgarh (Raj.)

----Respondents

For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Vikram Sharma, PP

JUSTICE DINESH MEHTA

Judgment / Order

04/12/2023

1. The present bail application has been filed by the applicant

under Section 439 of the Cr.P.C. in connection with FIR

No.626/2023, registered at Police Station Anupgarh, District

Anupgarh for the offence under Sections 392, 394, 325, 341, 323

& 34 of the Indian Penal Code, 1860.

2. Learned counsel for the applicant submitted that the offence

alleged against the present applicant are triable by Magistrate and

the co-accused (Omjeet Kumar) has been enlarged on bail by

order of a Coordinate Bench of this Court, passed on 20.10.2023

in S.B. Crimnal Misc. Bail Application No.13444/2023.

3. Learned Public Prosecutor opposed the bail application and

submitted that the recovery of a Mobile Phone and a sum of

Rs.10,000/- has been made from the present applicant and thus

[2023:RJ-JD:41909] (2 of 2) [CRLMB-14790/2023]

he be not granted any indulgence. Learned Public Prosecutor

however, accepted the fact that no case of like nature is pending

against the present applicant.

4. Having heard to the facts and circumstances of the case and

considering that the offence alleged against the present applicant

are triable by Magistrate and no recovery and investigation is to

be made from the applicant and that the applicant is behind the

bars since 10.09.2023, this Court deems it just and proper to

enlarge the present applicant on bail.

5. The present bail application is allowed. It is ordered that

applicant Rajkumar S/o Asharam arrested in connection with FIR

No.626/2023, registered at Police Station Anupgarh, District

Anupgarh shall be released on bail on his furnishing personal bond

in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Court.

6. Applicant shall be required to appear before the trial Court

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

7. Needless to mention that the above observations made by

this Court are on the basis of material so far produced before the

Court. These are only prima-facie observations and the same

shall, however, not come in the way of the trial Court to take an

independent view of the matter, based on ocular and oral

evidence, while finally deciding the case.

(DINESH MEHTA),J 219-AbhishekS/-

Powered by TCPDF (www.tcpdf.org)