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2021 Supreme(Raj) 547

IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Jai Prakash - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 2535 of 2021
Decided on : 01-03-2021

Advocates appeared:
Vikas Bijarnia, Advocate, S.S. Rajpurohit, Advocate

Headnote:

Bail - Offences Triable by Magistrate - Grant of Bail under Section 439 Cr.P.C.

Fact of the Case:

The petitioner(s) were arrested for offences punishable under Section(s) 458, 354, 323, 143 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) considering that the alleged offences were triable by Magistrate.

Issues: Bail application under Section 439 Cr.P.C.

Ratio Decidendi: Grant of bail to the accused petitioner(s) under Section 439 Cr.P.C. as the alleged offences were triable by Magistrate.

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

JUDGMENT

Vijay Bishnoi, J. - Heard.

2. The petitioner(s) has/have been arrested in FIR No.17/2021 of Police Station Hamirwas District Churu for the offence(s) punishable under Section(s) 458, 354, 323, 143 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 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 the fact 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) Jai Prakash S/o Sh. Ran Singh shall be released on bail in connection with FIR No.17/2021 of Police Station Hamirwas District Churu 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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