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2021 Supreme(Raj) 511

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Vijay Bishnoi, J.
Mukesh Singh @ Bangali - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 3027 of 2021
Decided on : 02-03-2021

Advocates appeared:
Lalit Solanki, Advocate, Sumer Singh Rajpurohit, Advocate

Grant of bail based on the triability of the alleged offences by a Magistrate

Headnote:

Bail - Offences under Section 379 and 411 of IPC - Grant of bail based on triability by Magistrate

Fact of the Case:

The petitioner(s) were arrested for offences under Section 379 and 411 of IPC and filed a bail application under Section 439 Cr.P.C.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner(s) based on the triability of the alleged offences by a Magistrate.

Issues: Bail application under Section 439 Cr.P.C. for offences under Section 379 and 411 of IPC

Ratio Decidendi: Grant of bail based on the triability of the alleged offences by a Magistrate

Final Decision: The bail application(s) filed under Section 439 Cr.P.C. is/are allowed, and the accused petitioner(s) are directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.

2. The petitioner(s) has/have been arrested in FIR No.77/2021 of Police Station Mahamandir, District Jodhpur for the offence(s) punishable under Section(s) 379 and 411 of IPC. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that the offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate.

4. Learned Public Prosecutor has opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) (1) Mukesh Singh @ Bangali S/o Sunil Singh and (2) Anil Bheel S/o Sh. Kalu Ram shall be released on bail in connection with FIR No.77/2021 of Police Station Mahamandir, District Jodhpur provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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