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HIGH COURT OF RAJASTHAN - HIGH COURT BENCH AT JAIPUR
KAMAL KISHORE SON OF SHRI MALIRAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB 244/2023



The grant of bail is a matter of discretion for the court, which must be exercised judiciously on a case-by-case basis, taking into account the facts and circumstances of each case.

Headnote:

Fact of the Case:

The petitioner was arrested in connection with FIR No.0976/2021, Police Station Mansarovar, Distt. Jaipur City (South) for the offence under Sections 420, 406, 120-B of IPC.

Finding of the Court:

The court found that the offences alleged to have been committed by the petitioner are triable by Magistrate and that the petitioner is in judicial custody and the trial of the case will take sufficient long time.

Issues: Whether the petitioner should be granted bail.

Ratio Decidendi: The court held that taking into account the facts and circumstances of the case, it deems it just and proper to release the petitioner on bail.

Final Decision: The court allowed the bail application and ordered that the petitioner be enlarged on bail on furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 244/2023

Kamal Kishore Son Of Shri Maliram, Aged About 46 Years,

Resident Of House No.37, Ramnagar Colony, Vishakha School Ke

Pass, Rampura Road, Police Station Muhana, Jaipur, At Present

Tenant Of House No. 52/41, C-3, Gali Nagar 06, Prem Nagar

Colony, Karol Bag, Police Station Karol Bagh, New Delhi.

(At Present Accused Petitioner Confined In Central Jail Jaipur)

----Petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)

:

Mr.Raj Kumar Kasana, Adv.

For Respondent(s)

:

Mr.Chandra Gupt Chopra, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

10/01/2023

The present bail application has been filed under Section 439

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

No.0976/2021, Police Station Mansarovar, Distt. Jaipur City

(South) for the offence under Sections 420, 406, 120-B of IPC.

Learned counsel for the petitioner submits that the offences

alleged to have been committed by the petitioner are triable by

Magistrate. The petitioner is in judicial custody and the trial of the

case will take sufficient long time. Therefore, the benefit of bail

may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and

gone through the material available on record.

(2 of 2)

[CRLMB-244/2023]

Taking into account the facts and circumstances of the case,

without commenting on the merits of the case, this Court deems it

just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Kamal

Kishore Son Of Shri Maliram shall be enlarged on bail in FIR

No.0976/2021, Police Station Mansarovar, Distt. Jaipur City

(South) provided he furnishes a personal bond in the sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for his appearance before

the court concerned on all the dates of hearing as and when called

upon to do so.

(MANOJ KUMAR GARG),J

NK/87

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