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    In The Court of Sessions Judge at Jodhpur District, Jodhpur

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    Balveer Choudhary
    This document summarizes a court order from a Sessions Judge in Jodhpur, India regarding a bail application. Suresh Mehra applied for bail after being arrested for theft under section 380 of the IPC. The judge reviewed the facts of the case, including that a water motor was recovered based on information from the accused. Considering there was no prior criminal record and the investigation may take time, the judge granted bail to Suresh Mehra provided he submit a personal bond and sureties and appear in court as required.

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    In The Court of Sessions Judge at Jodhpur District, Jodhpur

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    Balveer Choudhary
    23 views2 pages
    This document summarizes a court order from a Sessions Judge in Jodhpur, India regarding a bail application. Suresh Mehra applied for bail after being arrested for theft under section 380 of the IPC. The judge reviewed the facts of the case, including that a water motor was recovered based on information from the accused. Considering there was no prior criminal record and the investigation may take time, the judge granted bail to Suresh Mehra provided he submit a personal bond and sureties and appear in court as required.

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    This document summarizes a court order from a Sessions Judge in Jodhpur, India regarding a bail application. Suresh Mehra applied for bail after being arrested for theft under section 380 of the IPC. The judge reviewed the facts of the case, including that a water motor was recovered based on information from the accused. Considering there was no prior criminal record and the investigation may take time, the judge granted bail to Suresh Mehra provided he submit a personal bond and sureties and appear in court as required.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    23 views2 pages

    In The Court of Sessions Judge at Jodhpur District, Jodhpur

    Uploaded by

    Balveer Choudhary
    This document summarizes a court order from a Sessions Judge in Jodhpur, India regarding a bail application. Suresh Mehra applied for bail after being arrested for theft under section 380 of the IPC. The judge reviewed the facts of the case, including that a water motor was recovered based on information from the accused. Considering there was no prior criminal record and the investigation may take time, the judge granted bail to Suresh Mehra provided he submit a personal bond and sureties and appear in court as required.

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    of 2

    IN THE COURT OF SESSIONS JUDGE

    AT JODHPUR DISTRICT, JODHPUR

    Presiding Officer : Raghavendra Kachawal, R.J.S. (D.J. Cadre)

    CRIMINAL MISC. BAIL APPL. NO. 654/2021

    Suresh Mehra S/o Durga Ram, Aged 21 Yrs., R/o Borunda, P.S. Borunda,
    District Jodhpur.
    - Accused/Applicant
    Vs.
    State of Rajasthan, through Public Prosecutor
    - Non Applicant

    CRIMINAL MISC. BAIL APPLICATION UNDER SECTION 439


    Cr.P.C. IN F.I.R. NO. 161/2021 OF P.S. BORUNDA FOR THE
    OFFENCE PUNISHABLE UNDER SECTION 380 OF IPC.

    Counsel appeared:-
    1. Shri Chetan Prakash, Learned Advocate for the accused/applicant.
    2. Shri Lada Ram Bishnoi, Learned Public Prosecutor for the State.

    ORDER Date: 04.09.2021

    1. This bail application has been filed under Section 439 Cr.P.C.
    by the applicant-accused Suresh Mehra S/o Durga Ram in this court on
    03/09/2021. A copy of the bail application has been provided to the public
    prosecutor & called for the case diary.
    2. Brief facts of the application are that an FIR No. 161/2021 had
    been filed by the complainant, Banshi Lal in police station Borunda, District
    Jodhpur, which was registered under section 380 IPC. During the
    investigation, the applicant-accused has been arrested on 27/08/2021 and
    afterwards sent to judicial custody. He had moved a bail application under
    section 437 of Cr.P.C. before the trial court, which was dismissed on
    02/09/2021. Aggrieved upon it, the applicant-accused has filed the present
    bail application before this court under section 439 of Cr.P.C.
    3. The learned Advocate of the applicant-accused has argued that
    the applicant-accused has been wrongly implicated in this case. There is no
    previous criminal record against the applicant-accused. The applicant-
    accused has been arrested on 27/08/2021 and no recovery is pending now.
    The investigation may take a long time. Therefore, the bail application of the
    (2)
    Cr. Misc. Bail Appl. No. 654/2021 Order dt. 04.09.2021

    applicant-accused should be allowed.


    The Learned Public Prosecutor opposed the bail application
    and argued that the applicant-accused committed theft of water motor of the
    complainant. Therefore, the bail application of the applicant-accused should
    be dismissed.
    4. I have heard the arguments of both the parties and perused the
    case diary. The facts of the case are that the complainant, Banshi Lal filed an
    FIR before P.S. Borunda on 26/08/2021. It is mentioned in the FIR that his
    water motor had been committed theft in the night of 17/08/2021. Thereafter,
    he established a CCTV camera in his godown but again his second water
    motor has been committed theft in the night of 25/08/2021. The name of
    Vinod Harizan and Suresh Meghwal has been mentioned in the report of
    complainant. This FIR has been lodged under section 380 IPC and the
    applicant-accused has been arrested on 27/08/2021 during the investigation.
    Thereafter, a water motor has been recovered on instance of applicant-
    accused. Admittedly, the case is triable by the magistrate court and there is
    no previous criminal record against the applicant-accused. The investigation
    may take a long time. Therefore, looking at the facts and circumstances of
    the case, but without contemplating or expressing any opinion on the merits
    and demerits of the case, I deem it just and proper to release the accused-
    applicant on bail.
    5. Therefore, this bail application is allowed and it is directed that
    the accused/applicant Suresh Mehra shall be released on bail under Section
    439 Cr.P.C. in connection with the aforesaid FIR, provided he furnishes a
    personal bond in the sum of Rs. 50,000/- together with two sureties of Rs.
    25,000/- each, to the satisfaction of the trial court with the stipulation that he
    shall appear before that court on all subsequent dates of hearing and as and
    when called upon to do so.

    (Raghavendra Kachawal)
    Sessions Judge,
    Jodhpur District, Jodhpur

    6. This order is pronounced in open court today on dated


    04.09.2021.

    (Raghavendra Kachawal)
    Sessions Judge,
    Jodhpur District, Jodhpur

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