Citation : 2023 Latest Caselaw 10509 Raj
Judgement Date : 7 December, 2023
[2023:RJ-JD:42589]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15460/2023
Khatru S/o Raniya, Aged About 23 Years, R/o Kukawas, Police
Statin Mandwa, Dist. Udaipur. (Presently Lodged In Central Jail,
Udaipur)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hemank Vaishanav
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment / Order
07/12/2023
1. The instant bail application has been filed under Section 439
Cr.P.C. on behalf of accused-petitioner Khatru. The petitioner has
been arrested in connection with FIR No. 73/2023 registered at
Police Station Kotda, District Udaipur for the offence(s) under
Sections 3 & 5/25 of Arms Act.
2. Learned counsel for the petitioner submits that the accused-
petitioner has been falsely implicated in the case merely on the
disclosure statement of the main accused Lalu, from whom illegal
gun was recovered. Learned counsel for the petitioner furhter
submits that the charge-sheet has already been filed before the
learned trial court. The trial of the case may take sufficiently long
time, therefore, the benefit of grant of bail may be granted to the
accused-petitioner.
3. Per contra, learned Public Prosecutor opposes the grant of
bail application.
[2023:RJ-JD:42589] (2 of 2) [CRLMB-15460/2023]
4. Considering the arguments advanced by the counsel for the
parties and looking to the fact that the recovery of illegal gun was
effected from the possession of main co-accused Lalu and the trial
of the case may take considerable time, I deem it just and proper
to enlarge the accused-petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner Khatru S/o
Raniya in connection with FIR No. 73/2023 registered at Police
Station Kotda, District Udaipur shall be enlarged on bail provided
he furnishes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance before the court concerned on all the
dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J 95-mohit/-
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