RAMDAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case.

(2.) The learned counsel for the petitioner submits that offence u/S. 216A Penal Code is bailable but his bail application u/S. 439 Crimial P.C. has been rejected because of Sec. 11 of Rajasthan Dacoity Affected Area Act, 1986. He has referred the case of Siya Ram Vs. State of Rajasthan reported in 1988(1) RLR 768 , Shriya Vs. State 1989 RCC 189 and the case of Bhatta Vs. State of Rajasthan reported in 2005(1) RCC 277 wherein the accused persons were granted bail under Sec. 439 Cr.PC. on the ground that Sec. 216-A Penal Code is a bailable offence and provisions of Sec. 5 of the Rajasthan Dacoity Affected Areas Act relating to grant of bail are not applicable where offence under I.P.C. is bailable.

(3.) After considering the submissions of the learned counsel for the petitioner and the aforesaid cases referred at the bar, I allow this bail application under Sec. 439 Crimial P.C. and it is directed that accused-petitioner Ramdayal s/o Dharm Pal be released on bail in FIR No. 47/2005, Police Station, Sarmathura, District Dholpur registered under Sec. 216-A Penal Code and Sec. 11 of the R.D.A. Act provided he furnishes a personal bond in the sum of Rs. 25.000.00 (Rs. Twenty Five thousand only) together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before that court on all subsequent dates of hearing and as and when called upon to do so. Bail Application Allowed.