Citation : 2023 Latest Caselaw 6059 Raj/2
Judgement Date : 16 October, 2023
[2023:RJ-JP:29478]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
11947/2023
Ramphul S/o Jagdhish, R/o Sunari, Police Station
Niwai Sadar, District Tonk, Raj. (Presently The
Accused Petitioner Confined In District Jail, Tonk)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Pp
----Respondent
2. Rambhajan Meena S/o Ramlal Meena, R/o Sidra, Niwai, Tonk (Rajasthan).
----Complainant/Victim
For Petitioner(s) : Mr. Rajesh Gadwal, Adv., with Mr. Waseem Akram, Adv.
For : Mr. Ganesh Saini, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
16/10/2023
This bail application has been filed by the
petitioner under Section 439 Cr.P.C. seeking regular
bail in FIR No.136/2023 registered at Police Station
Niwai, District Tonk for the offence(s) under
Section(s) 457 & 380 IPC.
Learned counsel for the petitioner submits that
the accused-petitioner is innocent and he has been
falsely implicated in this case. He further submits
that the accused-petitioner has been in judicial
custody since long and the conclusion of the trial will
[2023:RJ-JP:29478] (2 of 2) [CRLMB-11947/2023]
take long time, hence the petitioner may be enlarged
on bail.
Learned Public Prosecutor appearing for the
State has opposed the bail application.
Learned Public Prosecutor has submitted the
report wherein, it has been mentioned that
victim/complainant(s) has been informed. The same
is taken on record. Despite that, no one is present on
behalf of the victim/complainant(s). Thus, service is
treated as complete.
Taking into consideration the overall facts and
circumstances of the case, but without expressing
any opinion on the merits and demerits of the case,
this Court deems it just and proper to enlarge the
petitioner on bail.
Accordingly, the bail application filed under
Section 439 Cr.P.C. is allowed and it is ordered that
accused-petitioner Ramphul S/o Jagdhish shall be
released on bail, provided he furnishes a personal
bond in the sum of Rs.1,00,000/- with two sureties
of Rs.50,000/- each to the satisfaction of the trial
Court, with the stipulation that the petitioner shall
appear before that Court on all subsequent dates of
hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J DANISH USMANI /70
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