Banesh @ Forya S/O Babu Lal vs The State Of Rajasthan ...
2023 Latest Caselaw 4751 Raj/2

[2023:RJ-JP:22035]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                             11710/2023

Banesh @ Forya S/o Babu Lal, Aged About 27
Years, R/o Galad Khurd, P.s Malarna Dungar, District
Sawai Madhopur (Raj.) (At Present In District Jail,
Sawai Madhopur)
                                                         ----Petitioner
                                Versus
The State Of Rajasthan, Through Pp
                                                       ----Respondent

For Petitioner(s) : Mr. Rajesh Sharma, Adv.

For                      : Mr. Mahendra Meena, P.P.
Respondent(s)

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

12/09/2023

This second bail application has been filed by

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

regular bail in FIR No.76/2022 registered at Police

Station Bonli, District Sawai Madhopur (Rajasthan)

for the offence(s) under Section(s) 143, 323, 341,

427, 506 & 379 IPC (during investigation, Section(s)

324, 325 & 307 IPC were added).

The first bail application of the accused-

petitioner was dismissed as withdrawn by this Court

vide order dated 06.07.2023, giving liberty to the

[2023:RJ-JP:22035] (2 of 3) [CRLMB-11710/2023]

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. He further submits

that charge sheet has been filed and there are no

criminal antecedents against the accused-petitioner.

He 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.

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 second bail application filed

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

that accused-petitioner Banesh @ Forya S/o Babu

Lal 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

[2023:RJ-JP:22035] (3 of 3) [CRLMB-11710/2023]

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 /06

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