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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



THE COURT HAS THE DISCRETION TO GRANT BAIL TO AN ACCUSED PERSON CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE LIKELIHOOD OF THE ACCUSED PERSON APPEARING FOR TRIAL.

Headnote:

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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