Rajasthan High Court - Jodhpur
Gorishankar vs State Of Rajasthan (2024:Rj-Jd:35999) on 30 August, 2024
Author: Rajendra Prakash Soni
Bench: Rajendra Prakash Soni
[2024:RJ-JD:35999]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10133/2024
1. Gorishankar S/o Sahiram, aged about 55 years,
2. Sonu Kumar S/o Gorishankar, Aged About 25 Years,
All petitioners are residents of Dalpatpura Tehsil Nohar
District Hanumangarh, Raj.
(Presently lodged at sub-jail Nohar District Hanumangarh)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sihag
For Respondent(s) : Mr. Shrawan Singh, PP
Mr. Suresh Nehra for complainant
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order 30/08/2024
1. Through this bail application, accused has come before this Court for grant of bail under section 483 of BNSS, 2023 (Section 439 of the old Code) in connection with crime registered pursuant to First Information Report No.247/2024 of Police Station Nohar, District Hanumangarh in respect of offences punishable under Sections 332, 353, 224, 225, 34 of the Indian Penal Code, 1860 and under Section 3 of PDPP Act.
2. I have considered the rival submissions of learned counsel for the petitioners as well as learned Public Prosecutor and perused the record.
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3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the petitioners and submitted that in the facts of the present case, it is expedient that accused be kept in the custody. He thus, craves rejection of the applicants' bail application.
4. I have given my anxious consideration to the rival submissions with reference to material placed before me.
5. On perusal of the record and upon consideration of the submissions, it would be prima facie clear that the allegations of offences punishable under Sections 332 and 353 of the IPC besides other offences. A perusal of factual report does not reveal any significant injury or damage to the public property. The case is exclusively triable by Magistrate court and trial of the case will take sufficient time to conclude. Therefore, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioners.
6. Consequently, the present bail application is allowed and it is directed that the accused-petitioners 1. Gorishankar S/o Sahiram and 2. Sonu Kumar S/o Gorishankar, arrested in connection with the F.I.R. No.247/2024 of Police Station Nohar, District Hanumangarh, shall be released on bail provided he furnishes a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of their release, and sureties on the day of furnishing bail, will also furnish details of their all (Downloaded on 02/09/2024 at 08:46:43 PM) [2024:RJ-JD:35999] (3 of 3) [CRLMB-10133/2024] bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
(RAJENDRA PRAKASH SONI),J 143-minki/-
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