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2000 Supreme(Raj) 1470

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Shiv Kumar Sharma, J.
Prahlad - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. II Bail Application No. 4848 of 2000.
Decided On : 20-10-2000

Advocates:
For the Petitioner:J.R. Chaudhry, Advocate.
For the Respondent: S.S. Rathore, Public Prosecutor.

The court considered the absence of allegations against the petitioner in the F.I.R. and earlier statement, and the petitioner's age, as justifying the grant of bail.

Headnote:

Bail - Allegations in Supplementary Statement - The court granted bail to the petitioner, considering the absence of allegations against the petitioner in the F.I.R. and earlier statement, and the petitioner's age.

Fact of the Case:

The petitioner filed a second bail application after the submission of the chargesheet, citing that no allegations were initially leveled against him, but were later included in the supplementary statement. The petitioner is 16 years old.

Finding of the Court:

The court granted bail to the petitioner, taking into account the absence of allegations in the F.I.R. and earlier statement, and the petitioner's age.

Issues: Bail application based on change in allegations against the petitioner and his age.

Ratio Decidendi: The court considered the absence of allegations against the petitioner in the F.I.R. and earlier statement, and the petitioner's age, as justifying the grant of bail.

Final Decision: The petitioner was ordered to be released on bail upon furnishing a personal bond and sureties, with the stipulation to appear in court as required and to give a written undertaking to keep peace and good behavior.

JUDGMENT

1. - Heard learned counsel for the petitioner, learned RR, and perused the case diary.

2. This is second bail applications filed by Prahlad after submission of the chargesheet. Shri J.R. Choudhary canvas that in the F.I.R., no allegation was levelled against the petitioner and even in, the earlier statement recorded u/s 161 Cr.P.C., no role was assigned to the petitioner, but in the supplementary statement, the allegations against the petitioner have also been levelled. The petitioner is of 16 years of age. Learned RR opposes the bail application.

3. Looking to the fact that no role was assigned to the petition in the F.I.R. and the earlier statement recorded u/s 161 Cr.P.C. and in view of the fact that this petitioner is of 16 years of age and taking into consideration the entire facts and circumstances of the case, it is just and proper to grant bail to the petitioner under Section 439 Cr.P.C.

4. It is, therefore, ordered that the petitioner Prahlad, adopted son of Shri Sheoji Ram be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- (Rs. Twenty thousand) each with two sound sureties of Rs. 10,000/- each to the satisfaction of trial court with the stipulation to appear in the court as and when called upon to do so during pendency of the trial against him in the case arising out of crime No. 99/2000 PS Renwal.

5. The petitioner shall give a written undertaking to the effect that he shall keep peace and be of good behaviour.

*******


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