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Rajasthan High Court - Jaipur

Phool Chand S/O Gyana Ram B/C Meena vs State Of Rajasthan Through Pp on 10 December, 2018

Author: Pankaj Bhandari

Bench: Pankaj Bhandari

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous IInd Bail No. 14186/2018

Phool Chand S/o Gyana Ram B/c Meena, R/o Bangarh Teh.
Nawan Dist. Nagaur Raj. (At Present Accused Is Confined In Dist.
Jail Alwar)
                                                      ----Petitioner
                              Versus
State Of Rajasthan Through Pp, Raj.
                                                    ----Respondent

For Petitioner(s) : Mr. Rakesh Chandel for Mr. Dinesh Pareek For State : Mr. R.R. Singh Rathore, P.P. Mr. Satyanarayan (I.O.) S.I. P.S. Tatarpur Distt. Alwar HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 10/12/2018

1. Petitioner has filed this second bail application under Section 439 of Cr.P.C.

2. F.I.R. No. 220/2017 was registered at Police Station Tatarpur, District Alwar for offence under Sections 380 and 457 of I.P.C.

3. It is contended by counsel for the petitioner that after rejection of the first bail application, charges have been framed and statement of two witnesses have been recorded. There is no recovery of any amount from the petitioner. Recovery of some part of ATM machine is shown to have been made from the petitioner and other co-accused from an open plot after three months of the incident. There is no recovery of the ATM machine so far. Petitioner is in custody from March, 2018, the conclusion of trial (2 of 2) [CRLMB-14186/2018] will take time.

4. Learned Public Prosecutor has opposed the second bail application. His contention is that petitioner has two criminal antecedents pertaining to theft.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application.

7. This second bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(PANKAJ BHANDARI),J Amit/12 Powered by TCPDF (www.tcpdf.org)