Rajasthan High Court - JodhpurHasmukh vs State Of Rajasthan on 27 May, 2021Author:Arun BhansaliBench:Arun BhansaliHIGH COURT OF JUDICATURE FOR RAJASTHAN AT\n                        JODHPUR\n    S.B. Criminal Miscellaneous Bail Application No. 6567/2021\n\nHasmukh S/o Dahannalal Soni, Aged About 38 Years, Village\nKatwara, District Gujrat, Gujrat. (At Present Lodged At District\nJail Chittorgarh).\n                                                                   ----Petitioner\n                                    Versus\nState Of Rajasthan, Through P.p.\n                                                                 ----Respondent\n\n\nFor Petitioner(s)         :     Mr. Mahaveer Singh through V.C.\nFor Respondent(s)         :     Mr. Vikram Sharma, P.P.\n\n\n\n             HON'BLE MR. JUSTICE ARUN BHANSALIOrder\n\n27/05/2021\n\n       The present bail application has been filed underSection 439Cr.P.C. on behalf of the applicant, who is in custody in connection\n\nwith FIR No. 281/2009, Police Station Rawatbhata, District\n\nChittorgarh, for the offence underSections 379,395,396and449IPC.It is submitted by learned counsel for the applicant that the\n\napplicant could not remain present during the course of trial on\n\n17.02.2021 and has surrendered before the trial court on\n\n06.03.2021, however, his application for bail, has been rejected. It\n\nis prayed that the applicant shall not in future miss the attendance\n\nat the trial and that he may be accorded benefit of bail.Learned Public Prosecutor opposed the bail application and\n\nsubmitted that strict conditions be imposed, in case, the applicant\n\nis granted bail.(Downloaded on 29/05/2021 at 08:27:33 PM)(2 of 2)                   [CRLMB-6567/2021]\n\n\n\n                                        In the circumstances of the case, without expressing any\n\n                                   opinion on the merits of the case, this Court is of the opinion that\n\n                                   the bail application filed by the applicant deserves to be accepted.Consequently, the bail application is allowed. It is ordered\n\n                                   that the accused-applicant - Hasmukh S/o Dahannalal Soni\n\n                                   arrested in connection with FIR No. 281/2009, Police Station\n\n                                   Rawatbhata, District Chittorgarh, shall be released on bail;\n\n                                   provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty\n\n                                   Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty\n\n                                   Five Thousand Only) to the satisfaction of the learned trial court\n\n                                   with the stipulation to appear before that Court on all dates of\n\n                                   hearing and as and when called upon to do so.It would be required of the applicant to remain present\n\n                                   before the trial court on each date, which is fixed by the trial court\n\n                                   pursuant to the order dated 06.03.2021 passed by the Additional\n\n                                   District & Sessions Judge No.2, Chittorgarh and that it would be\n\n                                   ensured that as and when any witness is produced, he would be\n\n                                   duly cross-examined and would not be returned back unexamined.In case of failure of the applicant either to remain present\n\n                                   and/or do the requisite i.e. cross-examination, the trial court\n\n                                   would be free to take proceedings in accordance with law.(ARUN BHANSALI),J\n\n                                    77-PKS/-(Downloaded on 29/05/2021 at 08:27:33 PM)Powered by TCPDF (www.tcpdf.org)