Allowed

Babu Nath v. State

Rajasthan HC3 May 2018CRLMB/4059/2018

Case brief

AI extract

What is this about?

The Hon'ble Rajasthan High Court at Jodhpur allowed a bail application for the petitioner accused of cheating and criminal conspiracy. Despite opposition, the court granted bail on a personal bond with sureties without expressing an opinion on the case merits.

What did the court decide?

Petitioner to be released on bail on personal bond of Rs.80,000/ with two sureties of Rs.40,000/ each to appear till completion of trial.

Babu Nath Vs State — Cheating and Forgery | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 4059 / 2018

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Babu Nath S/o Khamisanath, B/c Jogi, R/o Mithda, Police Station Dhorimanna, District Barmer. (Raj.). (At Present Lodged in Sub Jail Sanchore).

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Hukam Singh

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For Respondent(s) : Mr. Deepak Choudhary, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Judgment / Order

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03/05/2018

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The petitioner has been arrested in connection with FIR No.02/2018 of Police Station Sarwana, District Jalore, for the offence punishable under Sections 420 and 120-B of IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Counsel for the petitioner submits that according to the prosecutrix, she clearly mentioned that the co-accused Jagdish Nath and Pawan Nath committed rape with her, no allegation of rape against the present petitioner. Challan of the case was filed against the petitioner only for the offence under Sections 420 and 120-B of IPC. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioner.

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Learned Public Prosecutor has opposed the bail application.

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(2 of 2)

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[CRLMB-4059/2018]

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused

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petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Babu Nath S/o Khamisanath, shall be released on bail in connection with FIR No.02/2018 of Police Station Sarwana, District Jalore, provided he executes a personal bond in a sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG) J.

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Hanuman/17

Babu Nath v. State

Case brief

What is this about?

What did the court decide?

Babu Nath v. State

Case brief

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