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2021 Supreme(Raj) 378
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Pankaj Bhandari, J.
Kailash Prajapat@baba - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 12753 of 2020
Decided on : 05-01-2021
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
INDIAN PENAL CODE : S.380
Headnote
BAIL APPLICATION - Offence under Sections 380 I.P.C. - The court allowed the bail application considering the charge-sheet filed and the triability of the offence by a First Class Magistrate. The 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 Cr.P.C. for an offence under Sections 380 I.P.C. A charge-sheet had been filed, and the offence was triable by a First Class Magistrate.
Finding of the Court:
The court considered the contentions of the petitioner's counsel and allowed the bail application, directing the release of the accused-petitioner on bail upon fulfilling specified conditions.
Issues: The issues involved the petitioner's criminal antecedents and the opposition by the Learned Public Prosecutor to the bail application.
Ratio Decidendi: The court's decision was influenced by the charge-sheet being filed and the triability of the offence by a First Class Magistrate, outweighing the opposition based on the petitioner's criminal antecedents.
Final Decision: The bail application was allowed, and the accused-petitioner was directed to be released on bail upon fulfilling specified conditions.
Bheemsingh Dabla, Advocate, Mangal Singh Saini, Advocate
JUDGMENT
Pankaj Bhandari, J. - Petitioner has filed this bail application under Section 439 Cr.P.C.
2. F.I.R. No.0919/2019 was registered at Police Station Kardhani District Jaipur (West) for offence under Sections 380 I.P.C.
3. It is contended by counsel for the petitioner that charge-sheet has been filed. Offence is triable by First Class Magistrate.
4. Learned Public Prosecutor has opposed the bail application. It is contended that petitioner has criminal antecedents.
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.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.
8. A copy of this order be sent to concerned S.H.O. for recording this condition in the Village Crime Record Book so that in the event of petitoners repeating offence, S.H.O. can move the Court for cancellation of bail.
