Naresh Vs. State of Rajasthan - Court Judgment

Excerpt:
criminal procedure code - section 439--bail--maruti car taken away at point of gun--complainant not able to identify petitioner--several cases pending against petitioner--held, he be released on bail with heavy bail bonds and more conditions;the petitioner...while going to delhi in a taxi car he, alongwith another made the driver get out of the car at the point of a gun and then took away the car, which was a maruti van.;the complainant, who was the driver of the car has not been able to identified this petitioner several cases are said to be pending against this petitioner however, he has not been convicted in any case. considering the facts and circumstances, he can be released on bail with heavy bail bonds and more conditions.;bail granted - mohini kapur, j.1. the case against the petitioner is that while going to delhi in a taxi car he, alongwith another accused made the driver get out of the car at the point of a gun and then took away the car, which was a maruti van. the van was ultimately recovered after a month from a place under police station gannor (haryana) and as it was found that the accused had been driving the car, he was arrested. the complainant, who was the driver of the car has not been able to identify this petitioner several cases are said to be pending against this petitioner. however, he has not been convicted in any case. considering the facts and circumstances, he can be released on bail with heavy bail bonds and more conditions.2. it is, therefore, ordered that, the accused petitioner naresh be released on bail provided he furnished a personal bond in the sum of rs. 20,000/- (rupes twenty thousand) with two sureties in the sum of rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appeal before that court on all dates of hearing and as and when called upon to do so during the pendency of the trial of this case against him with the further conditions:(a) that the sureties shall be the persons having immovable property besides agricultural land within the jurisdiction of the trial court;(b) that the petitioner shall disclose his complete residential address duly verified by the police station under which he resides;(c) that he shall not change his place of residence without obtaining prior permission from the court.3. any default of any condition, the bail shall stand cancelled.