Back
2021 Supreme(Raj) 463
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Mahendra Kumar - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 4620 of 2021
Decided on : 06-04-2021
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
INDIAN PENAL CODE : S.120(b), S.406, S.420, S.467, S.468, S.471
Headnote
Bail Application - Extension of Bail to Accused - The court allowed the bail application and directed the accused to be released on bail upon furnishing specified bonds.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for offences under Sections 420, 406, 467, 468, 471 & 120-B of the IPC. The petitioner was in judicial custody for these offences which are magistrate triable. The FIR was registered in 2019.
Finding of the Court:
The court, after considering the facts and circumstances, extended indulgence of bail to the accused petitioner and allowed the bail application.
Issues: The issue was whether the accused petitioner should be granted bail considering the nature of the offences and the duration of custody.
Ratio Decidendi: The court considered the nature of the offences, the duration of custody, and the overall facts and circumstances of the case in deciding to extend bail to the accused petitioner.
Final Decision: The bail application was allowed, and the accused-petitioner was directed to be released on bail upon furnishing specified bonds.
Vikas Rathi, Advocate, Gaurav Singh, Advocate
JUDGMENT
Sandeep Mehta, J. - The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.546/2019, Police Station Udaimandir, District Jodhpur for offences under Sections 420, 406, 467, 468, 471 & 120-B of the IPC.
2. Heard learned counsel for the petitioner, learned Public Prosecutor and perused the material available on record.
3. The petitioner is in judicial custody for the above offences which are magistrate triable. The FIR was registered against the petitioner in the year 2019. There is no requirement of the petitioner's presence in custody any longer.
4. In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend indulgence of bail to the accused petitioner. Accordingly, the bail application is allowed and it is directed that the accused-petitioner Mahendra Kumar S/o Late Shri Sukha Ram arrested in connection with the F.I.R. No.546/2019 registered at Police Station Udaimandir, District Jodhpur 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.
