Rajasthan High Court - Jodhpur
Goverdhan vs State on 11 September, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9839/2020
Goverdhan S/o Ratan Lal, Aged About 25 Years, Rud, Police
Station Rashmi, District Chittorgarh.
(At Present Lodged In District Jail Rajsamand).
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Ram Singh Rawal
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 11/09/2020 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.306/2019, Police Station Amet, District Rajsamand, registered for the offences under Sections 457 and 380 of the Indian Penal Code.
Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on the record.
Learned counsel for the petitioner stated that first bail application of the accused-petitioner was rejected by this Court and liberty was granted to the accused-petitioner to file fresh bail application after filing of charge-sheet; charge-sheet has been filed thereafter; offences are triable by Magistrate; and the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.
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(2 of 2) [CRLMB-9839/2020] On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly to the facts that offences are triable by First Class Magistrate; since first bail application has been rejected vide order dated 07.08.2020 and liberty had been granted to the accused- petitioner to file fresh bail application after filing of charge-sheet; as per rejection order itself, charge-sheet has been filed thereafter; and the trial will take sufficiently long time, 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, Goverdhan S/o Ratan Lal, arrested in connection with F.I.R. No. 306/2019, Police Station Amet, 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 29-/Rashi/-
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