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2018 Supreme(Raj) 1231
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
PANKAJ BHANDARI, J.
MANISH KUMAR SINGH - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Criminal Miscellaneous Bail No. 791 of 2018
Decided on : 22-01-2018
Advocate Appeared:
For the Appellant :S.S. Solanki, Advocate
For the Respondent: R.R. Singh Rathore, P.P
The court considered the acquittal of co-accused and the petitioner's lack of awareness of the charge-sheet in allowing the bail application.
Headnote:
BAIL APPLICATION - CRIMINAL LAW - The court allowed the bail application filed under section 439 of Cr.P.C., 1973, considering the acquittal of co-accused and the petitioner's lack of awareness of the charge-sheet. The accused petitioner was directed to furnish a personal bond and sureties for release on bail.
Fact of the Case:
The petitioner filed a bail application under section 439 of Cr.P.C., 1973 for an offense under Sections 147, 148, 149, 449, 302 of I.P.C. A charge-sheet was filed against the petitioner under Section 299 Cr.P.C., 1973, of which the petitioner was not aware.
Finding of the Court:
The court, after considering the contentions, allowed the bail application, taking into account the acquittal of co-accused and the petitioner's lack of awareness of the charge-sheet. The accused petitioner was directed to furnish a personal bond and sureties for release on bail.
Issues: Bail application under section 439 of Cr.P.C., 1973, acquittal of co-accused, lack of awareness of charge-sheet.
Ratio Decidendi: The court's decision was influenced by the acquittal of co-accused and the petitioner's lack of awareness of the charge-sheet, leading to the allowance of the bail application.
Final Decision: The bail application was allowed, and the accused petitioner was directed to furnish a personal bond and sureties for release on bail.
PANKAJ BHANDARI, J.
1. Petitioner has filed this bail application under section 439 of Cr.P.C., 1973
2. F.I.R. No. 144/2014 was registered at Police Station Pratap Nagar Jaipur for offence under Sections 147, 148, 149, 449, 302 of I.P.C.
3. It is contended by counsel for the petitioner that Co-accused in this case have been acquitted by the trial Court. Charge-sheet against the petitioner was filed under Section 299 Cr.P.C., 1973 Petitioner was not aware of the filing of the charge-sheet.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
7. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
