HIGH COURT OF JUDICATURE FOR RAJASTHAN
NARENDRA SINGH DHADDHA
NEMICHNAD @ NAMONARAYAN S/O SH. KALURAM MEENA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB/496/2022
BAIL - SECTION 439 CRPC - OFFENCES UNDER SECTIONS 365, 384, 395 AND 397 IPC - BAIL GRANTED CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE FACT THAT THE CHARGE-SHEET HAS BEEN FILED AND THE CONCLUSION OF TRIAL MAY TAKE LONG TIME.
Fact of the Case:
THE PETITIONERS WERE ARRESTED IN CONNECTION WITH FIR NO.489/2021 REGISTERED AT POLICE STATION PRATAP NAGAR, JAIPUR CITY (EAST) FOR THE OFFENCE(S) UNDER SECTIONS 365, 384, 395 AND 397 IPC.
Finding of the Court:
THE COURT CONSIDERED THE CONTENTIONS PUT-FORTH BY THE COUNSEL FOR THE PETITIONERS AND TAKING INTO ACCOUNT THE FACTS AND CIRCUMSTANCES OF THE CASE AND WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE, DEEMED IT JUST AND PROPER TO ENLARGE THE PETITIONERS ON BAIL.
Issues: WHETHER THE PETITIONERS SHOULD BE ENLARGED ON BAIL.
Ratio Decidendi: THE COURT GRANTED BAIL TO THE PETITIONERS CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE FACT THAT THE CHARGE-SHEET HAS BEEN FILED AND THE CONCLUSION OF TRIAL MAY TAKE LONG TIME.
Final Decision: THE BAIL APPLICATIONS WERE ALLOWED AND THE PETITIONERS WERE ORDERED TO BE ENLARGED ON BAIL ON FURNISHING A PERSONAL BOND IN THE SUM OF RS.50,000/- WITH TWO SURETIES OF RS.25,000/- EACH.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 329/2022
1.
Namonarayan Meena S/o Sh. Sardar Singh Meena, Aged
About 19 Years, R/o Vill. Banor Ps Bamanwas Dist. Sawai
Madhopur (At Present Confined At Central Jail Jaipur)
2.
Dinesh Kumar Saini S/o Sh. Hanuman Prasad Saini, R/o
Vill. Udgaon Ps Bonli Dist. Sawai Madhopur Raj. (At
Present Confined At Central Jail Jaipur)
----Petitioners
Versus
State Of Rajasthan, Through Its Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 496/2022
Nemichnad @ Namonarayan S/o Sh. Kaluram Meena, Aged
About 21 Years, R/o Ghata Nenvali Ps Boli Dist. Sawai Madhopur
(At Present Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Its Pp
----Respondent
For Petitioner(s)
:
Mr. Rajesh Goswami, Adv. through VC
For Respondent(s)
:
Mr. Sanjeev Kumar Mahala, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
12/01/2022
1.
The present bail applications have been filed under Section
439 Cr.P.C. The petitioners have been arrested in connection with
FIR No.489/2021 Registered at Police Station Pratap Nagar, Jaipur
City (East) for the offence(s) under Sections 365, 384, 395 and
397 IPC.
(2 of 2)
[CRLMB-329/2022]
2.
Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in this case. They are
behind the bars since 07.12.2021. Learned counsel for the
petitioners further submits that the charge-sheet has been filed
against the petitioners. Similarly situated co-accused Vikas Meena
was enlarged on bail this Court and conclusion of trial may take
long time.
3.
Learned Public Prosecutor has opposed the bail applications.
4.
Considering the contentions put-forth by the counsel for the
petitioners and taking into account the facts and circumstances of
the case and without expressing any opinion on the merits of the
case, this court deems it just and proper to enlarge the petitioners
on bail.
5.
Accordingly, the bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners
Namonarayan Meena S/o Sh. Sardar Singh Meena, Dinesh
Kumar Saini S/o Sh. Hanuman Prasad Saini and Nemichnad
@ Namonarayan S/o Sh. Kaluram Meena shall be enlarged on
bail provided each of them furnishes a personal bond in the sum
of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance before
the court concerned on all the dates of hearing as and when called
upon to do so.
(NARENDRA SINGH DHADDHA),J
Gourav/69-70
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