Rajasthan High Court - Jodhpur
Mahesh Kumar vs State on 12 October, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
(1 of 3) [CRLMB-11433/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11433/2020
1. Mahesh Kumar S/o Puranmal Sheshma, Aged About 24
Years, Jinwas, Thana Ranoli, District Sikar At Present
Samicha Thana Kelwara (Rajasthan). (At Present Lodged
At District Jail Rajsamand).
2. Naveen S/o Subhash Sharma, Aged About 22 Years,
Hardayalpura, Thana Dhadhiya, District Sikar At Present
Samicha Thana Kelwara (Rajasthan). (At Present Lodged
At District Jail Rajsamand).
3. Sandeep Kumar S/o Shivkumar Jat, Aged About 23 Years,
Madhopura, Thana Balara, District Sikar At Present
Samicha Thana Kelwara (Rajasthan). (At Present Lodged
At District Jail Rajsamand).
----Petitioners
Versus
State, Through P.P.
----Respondent
For Petitioner(s) : Mr. I. R. Choudhary, through VC
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 12/10/2020 Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 199/2020, Police Station Kelwara, District Rajsamand, registered for the offence under Section 380 of the Indian Penal Code.
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(2 of 3) [CRLMB-11433/2020] Heard and considered the arguments advanced by the learned counsel for the petitioners appearing through video calling and learned Public Prosecutor, present-in-person. Perused the material available on record.
Learned counsel for the petitioners stated that offence is triable by Magistrate; no recovery and investigation is pending against the petitioners; further investigation and trial will take time; no other case is pending against the petitioners. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.
Learned Public Prosecutor opposed the bail application but does not controvert the fact that no other case is pending against the accused-petitioners.
Having regard to the facts and circumstances of the case, particularly to the fact that offence is triable by the First Class Magistrate; as per factual report no other case is pending against the accused-petitioners; trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Mahesh Kumar S/o Puranmal Sheshma (2) Naveen S/o Subhash Sharma (3) Sandeep Kumar S/o Shivkumar Jat, arrested in connection with F.I.R. No. 199/2020, Police Station Kelwara, District Rajsamand, (Downloaded on 12/10/2020 at 08:48:42 PM) (3 of 3) [CRLMB-11433/2020] shall be released on bail provided each one of them furnish a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each 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.
(DEVENDRA KACHHAWAHA),J 53-ashish/-
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