IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4999/2010. Raju @ Bhagchand Vs. State of Rajasthan Date of order : 25/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Neeraj Sharma for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that petitioner was in Tavera vehicle which was hit by the truck driven by the complainant. Dispute arose on the question amount of compensation for repair of the Tavera vehile being raised by the complainant and on that basis, FIR was lodged for offence under Section 395 IPC. Petitioner is in jail since 24/2/2010, there is no previous criminal case pending against the petitioner, challan has already been filed and trial of the case will taking a long.
Learned Public Prosecutor has opposed the bail application.
Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper 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 Raju @ Bhagchand S/o late Shri Ramdhan shall be released on bail in FIR No.18/2010 P.S. Bandarsindari, Ajmer for offence u/S.395 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
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