Rajendra Gurjar S/O Ramswaroop ... vs State Of Rajasthan ...
2023 Latest Caselaw 6256 Raj/2

[2023:RJ-JP:31006]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                             13450/2023

Rajendra Gurjar S/o Ramswaroop Gurjar, Aged
About 27 Years, Resident Of Dhani Bodalkya Tan
Dudawas, Post Torda, Police Station Pragpura,
District Jaipur Rural. (Presently Confined At District
Jail, Sikar)
                                                         ----Petitioner
                                Versus
1.     State Of Rajasthan, Through P.p.
2.     Ramkumar Yadav S/o Mahadev, Resident Of
       Gadli Ki Dhani, Tan Burja Ki Dhani, P/s
       Ajitgarh,
                                                   ----Respondents

For Petitioner(s) : Ms. Beena Sharma, Adv.

For                      : Mr. Ganesh Saini, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

20/10/2023

This second bail application has been filed by

the petitioner under Section 439 Cr.P.C. seeking

regular bail in FIR No.297/2022 registered at Police

Station Ajitgarh, District Sikar for the offence(s)

under Section(s) 115, 147, 148, 341, 323, 325, 307,

506, 149 & 120-B of IPC.

The first bail application of the accused-

petitioner was dismissed as withdrawn by this Court

[2023:RJ-JP:31006] (2 of 3) [CRLMB-13450/2023]

vide order dated 11.09.2023, giving liberty to the

accused-petitioner to file afresh after filing of the

charge sheet.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

falsely implicated in this case. She further submits

that the accused-petitioner is not named in the FIR

and other co-accused have already been enlarged on

bail by this Court and a Co-ordinate Bench of this

Court. She also submits that the accused-petitioner

has been in judicial custody since long and the

conclusion of the trial will 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,

[2023:RJ-JP:31006] (3 of 3) [CRLMB-13450/2023]

this Court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the second bail application filed

under Section 439 Cr.P.C. is allowed and it is ordered

that accused-petitioner Rajendra Gurjar S/o

Ramswaroop Gurjar 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 /18

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