Rajasthan High Court - Jodhpur
Chuna Ram vs State Of Rajasthan on 1 February, 2022
Author: Rameshwar Vyas
Bench: Rameshwar Vyas
(1 of 2) [CRLMB-936/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. Bail Application No. 936/2022
Chuna Ram S/o Padma Ram, aged about 24 years, B/c Jat, R/o
Village Bhimtal Der, Tehsil Dhoriminna, District Barmer.
(Presently in Judicial Custody at District Jail, Barmer)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Siddharth Karwasra through VC
For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order 01/02/2022 The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 148/2021 registered at Police Station Dhorimanna, District Barmer for the offences under Sections 447, 341, 323, 325 & 384/34 of I.P.C.
Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that except the offence under Section 384 of I.P.C., all other offences are bailable one. The offence under Section 384 of I.P.C., which is punishable with imprisonment for three years and fine, is not made out. In the above circumstances, learned counsel for the petitioner prays that the petitioner may be enlarged on bail. (Downloaded on 01/02/2022 at 08:45:06 PM)
(2 of 2) [CRLMB-936/2022] On the other hand, learned Public Prosecutor has opposed the bail application.
The record reveals that offences under Sections 447, 341, 323 & 325 I.P.C. are bailable one. As per prosecution story, the offence under Section 384 of I.P.C. was committed by sending message through whatsapp. The offence under Section 384 of I.P.C. was added afterwards. There is no justification in rejecting the bail application of the petitioner.
Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.
Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Chuna Ram S/o Padma Ram arrested in connection with F.I.R. No. 148/2021 registered at Police Station Dhorimanna, District Barmer shall be released on bail provided he furnishes a personal bond of Rs.50,000/- with 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.
(RAMESHWAR VYAS),J 33-Inder/-
(Downloaded on 01/02/2022 at 08:45:06 PM) Powered by TCPDF (www.tcpdf.org)