Rajasthan High Court - Jodhpur
Sanjay Kumar vs State on 2 September, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Criminal Misc. Bail Application No. 8904/2020 Sanjay Kumar S/o Nahar Singh, Aged About 43 Years, R/o Mangalwada Circle, P.S. Mangalwad, District Chittorgarh. (Presently Confined At Sub Jail, Nathdwara, District Rajsamand).
----Petitioner Versus State of Rajasthan through PP
----Respondent For Petitioner(s) : Mr. Sudhir Sarupariya. For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 02/09/2020 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 62/2020, Police Station Dilwara, District Rajsamand, registered for the offences under Sections 395, 365 and 412 of the Indian Penal Code.
Learned counsel for the petitioner stated that the offences are triable by the Magistrate and no recovery or investigation is pending against the accused-petitioner, therefore, benefit of bail may be granted to the present accused-petitioner.
On the contrary, learned Public Prosecutor has opposed the bail application and stated that one another case is pending against the accused-petitioner and 36 tons iron rods were recovered from the possession of the accused-petitioner. (Downloaded on 02/09/2020 at 08:31:55 PM)
(2 of 2) [CRLMB-8904/2020] In reply, learned counsel for the petitioner stated that recovery was made from an open place.
Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Having regard to the facts and circumstances of the case and particularly to the facts that the offences are triable by First Class Magistrate and no recovery or further investigation is pending against the accused-petitioner, 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 petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner, Sanjay Kumar S/o Nahar Singh, arrested in connection with F.I.R. No. 62/2020, Police Station Dilwara, District Rajsamand, shall be released on bail provided he furnishes 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 49-Rashi/-
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