Rajasthan High Court - Jodhpur
Meenu vs State Of Rajasthan (2024:Rj-Jd:38221) on 17 September, 2024
Author: Rajendra Prakash Soni
Bench: Rajendra Prakash Soni
[2024:RJ-JD:38221]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10762/2024
1. Meenu S/o Ramesh Chandra, Aged About 45 Years, R/o
Behind Badaya Medical, Gali No. 01, 60 Feet Road, P.s.
N.e.b. Dist. Alwar.
2. Smt. Rani @ Rajani W/o Ramesh Bawariya, Aged About
45 Years, R/o 60 Feet Road Durga Colony, N.e.b., Dist.
Alwar
(At Present Lodged In Central Jail, Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. N.S. Chandawat, PP
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order 17/09/2024
1. Petitioners are lugged and locked in F.I.R No.265/2024 of Police Station Goguda, District Udaipur, for the offence under Section(s) 109(1) and 132 of BNS and Section 3 of PDPP Act. They have filed this application for restoration of liberty under Section 483 of BNSS, 2023 (Section 439 of the old Code).
2. Heard arguments advanced by learned counsel for the petitioners, learned public prosecutor and carefully perused the entire material available on record.
3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicants and craves rejection of the applicants' bail application. (Downloaded on 18/09/2024 at 08:49:59 PM) [2024:RJ-JD:38221] (2 of 3) [CRLMB-10762/2024]
4. The factual report submitted by learned Public Prosecutor is taken on record.
5. I have given my anxious consideration to the rival submissions with reference to material placed before me.
6. On perusal of the record and upon consideration of the submissions, it would be prima facie clear that no injury has been caused to any person. The allegation against the petitioners is that they hit a police vehicle by their vehicle and caused damage to the Government property while attempting to commit murder. The petitioners are in custody since 05.08.2024.
7. Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that bail rejection order goes to show that applicant is not involved in any other case.; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that the petitioners have available to them substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage.
8. Consequently, the present bail application is allowed and it is directed that the accused-petitioners Meenu S/o Ramesh Chandra and Smt. Rani @ Rajani W/o Ramesh Bawariya, arrested in connection with the F.I.R. No.265/2024 of Police Station Goguda, District Udaipur shall be released on bail provided each of them furnish a personal bond and two surety bonds of (Downloaded on 18/09/2024 at 08:49:59 PM) [2024:RJ-JD:38221] (3 of 3) [CRLMB-10762/2024] 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 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 56-Payal/-
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