An accused may be granted bail under Section 439 CrPC if the court finds it just and proper to do so, considering factors such as the length of custody, the release of co-accused on bail, and the nature of the allegations.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 18096/2022

Shyoram @ Siyaram S/o Chhoturam, Aged About 32 Years, R/o

Booj, Police Station Jamwaramgarh, District Jaipur(Raj.) (At

Present Confined In Central Jail Jaipur)

----Petitioner/Accused

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. R.S. Bhardwaj

For Respondent(s)

For Complainant(s)

:

Mr. Mahendra Meena, P.P.

Mr. Vipin Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

09/01/2023

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.292/2022 registered at Police Station Jamwaramgarh District

Jaipur Rural for the offence(s) under Section(s) 365 & 384 IPC

and later on for the offences under Sections 364A, 365, 384, 395,

120-B & 342 IPC

It is contended by learned counsel for the petitioner that he

has falsely been implicated in this case. With regard to his criminal

antecedents, learned counsel submitted that barring one case, all

the cases are of remote past, i.e., instituted prior to year 2010

and the offences are minor in nature. He further submitted that

except one case, he stands acquitted in other cases. Learned

counsel submitted that the petitioner is in custody since

14.11.2022, investigation as against him is complete, co-accused

(2 of 2)

[CRLMB-18096/2022]

persons have been extended benefit of bail and prayed for his

release on bail.

Per contra, learned Public Prosecutor assisted by learned

counsel for the complainant opposed the prayer.

Taking into consideration the submissions advanced by

learned counsel for the petitioner, the nature of allegations, the

material on record, his length of custody and release of co-

accused persons on bail by the learned Sessions Court; but,

without expressing any opinion on the merits of the case, this

Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed

that accused-petitioner Shyoram @ Siyaram S/o Chhoturam

shall be released on bail under Section 439 Cr.P.C. in connection

with afore-mentioned FIR registered at concerned Police Station,

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 comply with all

the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

Manish/s-186