Rajasthan High Court - Jodhpur
Kalu Ram vs State Of Rajasthan (2024:Rj-Jd:21208) on 10 May, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:21208]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5782/2024
1. Kalu Ram S/o Aasu Ram, Aged About 41 Years, R/o
Kuntasar, Tehsil Sri Dungargarh District Bikaner.
2. Bajrang Lal S/o Narayan Ram, Aged About 27 Years, R/o
Kitasar Bhatiyan, Tehsil Sri Dungarghar District Bikaner.
(At Present Lodged In Central Jail, Bikaner)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Sumer Singh Rajpurohit, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order 10/05/2024
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
S. Particulars of the Case
No.
1. FIR Number 131/2024.
2. Concerned Police Station Sridungargarh.
3. District Bikaner.
4. Offences alleged in the FIR U/Sec. 420, 406, 416, 467, 468, 471, 405 and 120-B of IPC.
5. Offences added, if any --
6. Date of passing of 08.05.2024.
impugned order (Downloaded on 13/05/2024 at 08:40:05 PM) [2024:RJ-JD:21208] (2 of 3) [CRLMB-5782/2024]
2. It is contended on behalf of the accused-petitioners that the offences alleged are triable by a Court of magistrate. No case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioners and they have been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by the parties and have perused the material available on record.
5. The offences alleged are triable by a Court of magistrate. This Court has elaborately dealt with the bail jurisprudence pertaining to offences which are triable by a court of Magistrate and has passed a detailed order dated 07.10.2023 in Dharmendra Vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023). There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
6. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners as named in the cause title shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned (Downloaded on 13/05/2024 at 08:40:05 PM) [2024:RJ-JD:21208] (3 of 3) [CRLMB-5782/2024] trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J Abhishek Kumar S.No.642 (Downloaded on 13/05/2024 at 08:40:05 PM) Powered by TCPDF (www.tcpdf.org)