Rajiv @ Raju vs The State Of Rajasthan ...
2023 Latest Caselaw 7904 Raj

[2023:RJ-JD:32807]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Miscellaneous Bail Application No. 11789/2023

Rajiv @ Raju S/o Shivnarayan, Aged About 32 Years, R/o Ita- mada, Ps. Bhusawar, District Bharatpur, Presently R/o Sanjay Nagar, Sumerpur, District Pali (Raj.) (Lodged In District Jail, Sirohi)

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

----Respondent

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Gaurav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

04/10/2023

1. The jurisdiction of this court has been invoked by way of

filing an application under Section 439 CrPC at the instance of

accused-petitioner. The requisite details of the matter are

tabulated herein below:

S.No.                             Particulars of the Case
     1.     FIR Number                                      202/2022
     2.     Concerned Police Station                        Kotwali Sirohi
     3.     District                                        Sirohi
     4.     Offences alleged in the FIR                     Under Sections 379 of
                                                            IPC
     5.     Offences added, if any                          -
     6.     Date of passing of impugned order               29.08.2023

2. It is contended on behalf of the accused-petitioner that the

offences alleged are triable by a Court of magistrate, therefore, no

case for the alleged offences is made out against him and his

incarceration is not warranted. There are no factors at play in the

[2023:RJ-JD:32807] (2 of 2) [CRLMB-11789/2023]

case at hand that may work against grant of bail to the accused-

petitioner and he has been made an accused based on conjectures

and surmises.

3. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor opposes the bail application

and submits that the present case is not fit for enlargement of ac-

cused on bail.

4. Have considered the submissions made by both the parties

and have perused the material available on record. The offences

alleged are triable by a Court of magistrate, therefore, no case for

the alleged offences is made out against the accused-petitioner.

There is high probability that the trial may take long time to

conclude. In light of these facts and circumstances, it is deemed

suitable to grant the benefit of bail to the petitioner in the present

matter.

5. Accordingly, the instant bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner as

named in the cause title 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.

(FARJAND ALI),J 169-divya/-

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