✦ Rajasthan High Court · 04 Dec 2012

The High Court · 2012

Case at a glance

Provisions considered

Judgment

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Saransh Saini for the petitioner. Shri Mahendra Meena,P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that this is the first alleged offence of the petitioner. Earlier bail application was dismissed by this Court by order dated

18.09.2012 because at that time the investigation was pending and challan was not filed. However, liberty was granted to the petitioner to apply again after filing of challan. Challan has since been filed. Trial may take long. Petitioner undertakes not to indulge in any offence in future. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Radhey Shyam @ Nirala S/o Badri Lal shall be released on bail in F.I.R. No.214/2012, P.S. Itawa, Distt. Kota Rural for offence u/s.420, 467, 468, 471 and 406 of IPC to his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. RS/37 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.) (MOHAMMAD RAFIQ), J.

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 406, 420, 467, 468, 471.

Which court decided this case, and when?

Rajasthan High Court, on 04 Dec 2012. The bench was MOHAMMAD RAFIQ.

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