Om Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 1778 Raj

[2023/RJJD/005389]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 893/2023

Om Prakash S/o Lalu Ram, Aged About 29 Years, R/o Ward No. 09 Barsingh Ps Deshnok Bikaner (At Present Lodged In Central Jail Bikaner)

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

----Respondent

For Petitioner(s) : Mr. S. K. Poonia For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

15/02/2023

The petitioner has been arrested in connection with FIR

No.03/2023 of Police Station Jai Narayan Vyas Colony, District

Bikaner for the offence punishable under Section 3/25 (1B)(A)

Arms Act. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner submits that the petitioner

has falsely been implicated in the present case and the offences

are triable by first class Magistrate. The accused-petitioner is

behind bars and the trial of the case will take time. Therefore, it is

prayed that the accused-petitioner may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail

application and submitted that the petitioner is a habitual offender.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

[2023/RJJD/005389] (2 of 2) [CRLMB-893/2023]

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Om Prakash S/o Lalu

Ram shall be released on bail in connection with FIR No.03/2023

of Police Station Jai Narayan Vyas Colony, District Bikaner

provided he executes a personal bond in a sum of Rs.1,00,000/-

with 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.

(MADAN GOPAL VYAS),J 118-nidhi/-

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