Ramavatar@Banti S/O Shri Mahaveer Prasad B/C Meena vs. State Of Rajasthan
Held
The Court considered the contentions put forth by the counsel for the petitioner and took into account the facts and circumstances of the case. Without expressing any opinion on the merits of the case, the Court deemed it just and proper to enlarge the petitioner on bail. Accordingly, the second bail application under Section 439 Cr.P.C. was allowed. The accused-petitioner, Ramavatar @ Banti, was ordered to be enlarged on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all dates of hearing and whenever called upon to do so. No specific issue was left undecided.
Facts
This is a second bail application filed under Section 439 of the Criminal Procedure Code (Cr.P.C.) by Ramavatar @ Banti, the petitioner, who is confined in Sub Jail Sambharlake, District Jaipur. The petitioner is accused in FIR No. 88/2019 registered at Police Station Sambharlake, District Jaipur, for offenses under the Goods and Services Tax (GST) Act. The challan has already been presented in the court. The petitioner's counsel submitted that a co-accused, Akash, has already been released on bail by this Court. The learned Public Prosecutor opposed the bail application.
Key Issues
1. Whether the petitioner is entitled to be enlarged on bail under Section 439 Cr.P.C. considering the facts and circumstances of the case? Petitioner's Arguments: The petitioner argued that a co-accused, Akash, has been released on bail by this Court vide order dated 03.09.2019 in S.B. Criminal Misc. Bail Application No. 11734/2019. This suggests parity in circumstances. The petitioner is seeking bail based on this precedent and the general principles of bail. Revenue/State's Arguments: The learned Public Prosecutor opposed the bail application. No specific arguments or reliance on any provisions, circulars, or precedents were recorded for the respondent.
Sections Cited
Section 439 Cr.P.C.
AI-generated summary — verify with the full judgment below
4 4: HIGH COURT OF JUDICATURE FOR WJASBHAN BENCH AT SAIPUR S.B. Criminal Miscellaneous Second Bail Application No. f 283312019 RamavatarQbanti Slo Shri Mahaveer Prasad B/c Meena, Aged About 37 Years, R/o Vill. Nayabas Tehsil And Ps Neem Ka Thana Dist. Sikar Raj. (Presently Applicant Confined I n Sub Jail Sambharlake Dist. Jaipur) .:a, $ %*- 4 pversjJ,$ % '? L 2 k & ;. 4. $ 1. ,PPPJ State Of Pp -; # gst.*- id .. . E - - &2@ ., "* 8 8% &, .( I + %G~p:~bspu~ luar I L *.*c>,- 3 q' \ " y& V "- "&.? 3 w *%,w . , y ? " "%*- For P e t ~ t r p e r(s) : Mr. Krishan Kurnar Chhawal '"*@* For Respondent(s) : Mr. S.S. .Ola, fa9 py-Y?y rC-. q &,I% %$ r$$#. 23/09/2019 I. The present secon Section 439 Cr.l?.C. T.he p with FIR No.88/201 .. . Jaipur for the offenc
Counsel for t h "G*w+tl"= V$*A.,~%i V*irEij*-;?-Am? m 'l~g-g$& ,%;*@* "- a , *?>% "g against the petitioner df$tna816 $g%!!gg/strate and challan has already been presented in the Court, Counsel further submits that co-accused Akash has been released on bail by this Court vide order dated 83.09.2019 passed in S.B. Criminal Misc. Bail Application No. f1734/20f 9.
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