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2021 Supreme(Raj) 480

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Naval Ram - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 4615 of 2021
Decided on : 06-04-2021

Important Points

The court may grant bail to an accused petitioner based on the age of previous cases and the absence of similar offences.

Subject

Criminal Law - Bail Applications

Act Referred

CRIMINAL PROCEDURE CODE : S.439
INDIAN PENAL CODE : S.420, S.467, S.468, S.471

Headnote

Bail - Criminal Law - The court allowed the bail application of the accused petitioner, who was in custody for offences under Sections 420, 467, 468 & 471 of the IPC, considering the age of previous cases and the absence of similar offences.

Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in relation to FIR No.22/2020, Police Station Parsoli, District Chittorgarh for offences under Sections 420, 467, 468 & 471 of the IPC.

Finding of the Court:

The court, after considering the overall facts and circumstances of the case, allowed the bail application and directed the release of the accused petitioner on bail upon furnishing specified bonds.

Issues: The issue was whether the accused petitioner should be granted bail in relation to the mentioned offences.

Ratio Decidendi: The court considered the age of previous cases and the absence of similar offences in granting 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.

Advocates appeared:
S.S. Shaktawat, 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.22/2020, Police Station Parsoli, District Chittorgarh for offences under Sections 420, 467, 468 & 471 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 previous cases registered against the petitioner are quite old and do not involve similar offences.

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 Naval Ram S/o Shri Dhanna Gurjar arrested in connection with the F.I.R. No.22/2020 registered at Police Station Parsoli, District Chittorgarh 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.

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