2023 Supreme(Online)(RAJ) 11552
RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
KISHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB 11903 2023
[2023:RJ-JD:32204]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12237/2023
Imtiyaj Ghanchi S/o Shri Aamad Bhai Ghanchi, Aged About 50
Years, R/o New Bali Wad Ratnath Phara In Front Of Police Line
Ad Visan Dist. Rajkot Gujrat Presently Lodged In Sub Jail
Gulabpura
----Petitioner
Versus
1.
State Of Rajasthan, Through Pp
2.
Devi Lal S/o Narayan Lal, B/c Gurjar R/o Baldarkhan
Tehsil Banera Dist. Bhilwara
----Respondents
Connected With
S.B. Criminal Miscellaneous Bail Application No. 11903/2023
Kishan S/o Bhagwan Gadri, Aged About 26 Years, R/o Gadri
Mohalla Suwaniya Ps Gangrar Dist. Chittorgarh Raj. At Present
Lodged In Sub Jail Gulabpura
----Petitioner
Versus
1.
State Of Rajasthan, Through Pp
2.
Devi Lal Gurjar S/o Narayan Lal Gurjar, R/o Baldarkha
Baneda Dist. Bhilwara Raj.
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 11904/2023
Lalit Devmurari S/o Tulchi Das, Aged About 44 Years, R/o- Kasod
Amrid Nagar, Main Road, Ridhi Palace, Nearby Madhav Dairy,
Police Station Tower Chowk, Keson, District Junagarh, Gujarat
(Presently Lodged In District Jail Bhilwara)
----Petitioner
Versus
1.
State Of Rajasthan, Through Pp
2.
Devilal Gurjar S/o Narayan Lal Gurjar, R/o- Baldrakha
----Respondents
[2023:RJ-JD:32204]
(2 of 4)
[CRLMB-12237/2023]
For Petitioner(s)
:
Mr. S.D. Purohit
Mr. Kuldeep Sharma
Mr. N.K. Gurjar
For Respondent(s)
:
Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/10/2023
S.B. Criminal Miscellaneous Bail Application No. 12237/2023
&
No. 11904/2023
The petitioners have been arrested in connection with FIR
No.163/2023 of Police Station Rayala, District Bhilwara, for the
offence punishable under Sections 406, 420, 424, 427 and 120-B
of IPC. They have preferred these second bail applications under
Section 439 Cr.P.C. The first bail application was dismissed on
19.08.2023 with liberty to file afresh after filing of the challan.
Learned counsel for the petitioners submits that offences are
triable by Magistrate. The accused-petitioners are in judicial
custody and the trial of the case will take sufficient long time to be
concluded. Therefore, the benefit of bail should be granted to the
accused-petitioners.
Learned Public Prosecutor has opposed the bail applications.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bails to the accused
petitioners under Section 439 Cr.P.C.
Accordingly, the second bail applications filed under Sec.439
Cr.P.C. is allowed and it is directed that petitioners (1) Imtiyaj
Ghanchi S/o Shri Aamad Bhai Ghanchi & (2) Lalit Devmurari S/o
[2023:RJ-JD:32204]
(3 of 4)
[CRLMB-12237/2023]
Tulchi Das, shall be released on bail in connection with FIR
No.163/2023 of Police Station Rayala, District Bhilwara, provided
they execute personal bonds in a sum of Rs.1,00,000/- each with
two sound and solvent sureties of Rs.50,000/- each to the
satisfaction of learned trial court for 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.
S.B. Criminal Miscellaneous Bail Application No. 11903/2023
The petitioner has been arrested in connection with FIR
No.163/2023 of Police Station Rayala, District Bhilwara, for the
offence punishable under Sections 406, 420, 424, 427 and 120-B
of IPC.
Learned counsel for the petitioner submits that offences are
triable by Magistrate. The accused-petitioner is in judicial custody
and the trial of the case will take sufficient long time to be
concluded. Therefore, the benefit of bail should be granted to the
accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the