High CourtsSingle Bench(2020) 12 RAJ CK 0145

Mukesh Kumar vs State Of Rajasthan

Rajasthan High Court · Decided on 18 December 2020

HON’BLE JUDGES
Mahendar Kumar Goyal, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 15411 Of 2020

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Judgment

14 paragraphs · 274 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 264/2020 registered

at Police Station Paniyala, District Jaipur for the offence under Section 379 of IPC.

It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case. With regard to his criminal antecedents,

drawing attention of this Court towards the FIR No. 551/2020 dated 12.11.2020 registered at Police Station Harmara, Jaipur (East), learned counsel

for the petitioner submitted that both the cases arise out of the same incident. She submitted that the petitioner is in custody since 12.11.2020,

investigation as against him is complete, offence is triable by Magistrate and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody and

the offence being triable by Magistrate; 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 Mukesh Kumar S/o Kaluram 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.