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Chena Ram v. State Of Rajasthan

Chena Ram v. State Of Rajasthan

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Criminal Misc. 2nd Bail Application No. 12336/2022 | 22-09-2022

1. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.212/2021, Police Station Surajpol, District Udaipur registered for the offences punishable under Sections 457 and 380 of the IPC.

2. The first bail application was dismissed as not pressed by coordinate Bench of this Court on 23.02.2022 with liberty to file afresh after framing of the charges against the accused-petitioner.

3. Learned counsel for the petitioner submits that the now charges have been framed against the petitioner and offences alleged to have been committed by the petitioner are triable by Magistrate. The petitioner is in judicial custody since 16.07.2021 and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the prayer of bail.

5. I have considered the arguments advanced before me and gone through the material available on record.

6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

7. Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Chena Ram S/o Dalla, shall be released on bail in connection with F.I.R. No.212/2021, Police Station Surajpol, District Udaipur provided he executes a personal bond in a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- 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.

Advocate List
  • Mr. Dashrath Singh Rathore

  • Mr. Mukhtiyar Khan, PP

Bench
  • HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Eq Citations
  • LQ
  • LQ/RajHC/2022/9998
Head Note

- Rajasthan High Court granted bail to Chena Ram S/o Dalla, accused of offenses under Sections 457 and 380 of the Indian Penal Code (IPC). - The first bail application was dismissed as not pressed, but the court allowed the petitioner to file afresh after framing charges. - The petitioner had been in judicial custody since July 16, 2021. - The court considered the circumstances of the case and found it appropriate to grant bail under Section 439 of the Code of Criminal Procedure (Cr.P.C.). - The petitioner was directed to execute a personal bond of Rs. 2,00,000/- and provide two sureties of Rs. 1,00,000/- each for his appearance before the trial court.