Rajasthan High Court - Jaipur
Kalu Urf Kaushal Kishore vs State Of Rajasthan Through Pp on 30 March, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1.S.B. CR.MISC.BAIL APPLICATION NO.2590/2012 Kalu @ Kaushal Kishore Vs. State 2.S.B. CR.MISC.II BAIL APPLICATION NO.2813/2012 Raju @ Rajesh Vs. State Date of order : 30/03/2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Kumar Sharma for the petitioners.
Shri G.S. Rathore, P.P. for the State.
****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me.
The bail application has been filed for first time by accused petitioner Kalu @ Kaushal Kishore and second time by accused petitioner Raju @ Rajesh, whose bail application has been rejected by this Court with liberty to apply again after challan is filed. It is contended that now challan has been filed. Each of the accused-petitioners have one previous case against them u/s.379/511 and 379/411 of IPC respectively. They would undertake not to indulge in any offence in future and would maintain good conduct. Challan has been filed. Trial may take long. No recovery has to be made.
Learned Public Prosecutor has opposed the bail application.
Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail.
In the result, the bail applications u/S.439 Cr.P.C. are allowed and it is directed that petitioners (1) Kalu @ Kaushal Kishore S/o Kunj Bihari and (2) Raju @ Rajesh S/o Mohanlal shall be released on bail in F.I.R. No.306/2011, P.S. Khanpur, Distt. Jhalawar for offence u/s.457 and 380 of IPC on each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. The petitioner shall also report to the Police Station Khanpur, Distt. Jhalawar on 1st day of every month.
However, in case it is found that any other criminal case is pending against petitioners and that misstatement has been made about their whereabouts or non-registration of any other criminal case or any new case in future is registered against them, the bail so granted to them by this court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial court.
(MOHAMMAD RAFIQ), J.
RS/18-19 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed.
(Ravi Sharma,P.A.)