GOPAL SHARMA S/O SHRI BANWARI LAL SHARMA v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: UMA SHANKER VYAS
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2024-12-16. GOPAL SHARMA S/O SHRI BANWARI LAL SHARMA v. STATE OF RAJASTHAN. Read the judgment and case details on...
Judgment text
[2024:RJ-JP:51541] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S. B. Criminal Miscellaneous II Bail Application No. 14610/2024 1. Gopal Sharma S/o Shri Banwari Lal Sharma, R/o Puran Bihar Colony, Odela Road, Dholpur Police Station Nihalganj, District Dholpur. (At Present In District Jail, Dholpur). 2. Ajay Sharma S/o Shri Banwari Lal Sharma, R/o Puran Bihar Colony, Odela Road, Dholpur Police Station Nihalganj, District Dholpur. (At Present In District Jail, Dholpur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anil Jain, Adv. For : Mr. Amit Kumar Gupta, Addl. Respondent(s) GA-cum-P. P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 16/12/2024 This second bail application has been filed by petitioners under Section 483 of BNSS seeking regular bail in FIR No.
178/2024 registered at Police Station Sadar Dholpur, District Dholpur for the offence(s) under Section(s) 419, 420, 467, 468, 471 & 120-B of IPC and under Section(s) 66-D of I. T. Act. The first bail application of accused-petitioners was dismissed as withdrawn by this Court vide order [2024:RJ-JP:51541] (2 of 3) [CRLMB-14610/2024] dated 23. 10. 2024, giving liberty to accused-petitioners to file afresh after filing of the charge sheet. Learned counsel for petitioners submits that accused-petitioners are innocent and they have been falsely implicated in this case. He further submits that charge sheet has been filed and offence(s) are triable by Magistrate. He further submits that accused-petitioners have been in judicial custody since long and the conclusion of the trial will take long time, hence petitioners may be enlarged on bail. Learned Additional Government Advocate-cum- Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case and the fact that charge sheet has been filed, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge petitioners on bail. Accordingly, the second bail application filed under Section 483 of BNSS is allowed and it is ordered that accused-petitioners 1. Gopal Sharma S/o Shri Banwari Lal Sharma & 2. Ajay Sharma S/o Shri Banwari Lal Sharma shall be released on [2024:RJ-JP:51541] (3 of 3) [CRLMB-14610/2024] bail, provided each of them furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court, with the stipulation that petitioners shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so. (UMA SHANKER VYAS),J DANISH USMANI /43
Source: High Court of Rajasthan. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.