Allowed

Nitlesh Sharma v. State

Rajasthan HC30 Jul 2019CRLMB/2691/2019

Case brief

AI extract

What is this about?

This is an anticipatory bail application under Section 438 Cr.P.C. filed by certain persons accused of offences under Section 498-A IPC linked to FIR No.457/2018. The High Court granted bail to the petitioners requiring them to execute a personal bond with two sureties on specific conditions including availability for interrogation and not leaving India.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond of Rs. 50,000/ with two sureties of Rs. 25,000/ each subject to specific conditions.

Nitlesh Sharma Vs State — Matrimonial and Divorce | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3457/2019

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Nimlesh Sharma S/o Banwari Lal Sharma, Aged About 45 Years, R/o 741, Bakshi Hemraj Ki Gali, Pano Ki Dariba, Subhash Chowk, Jaipur (Raj.)

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Shavi @ Shashi W/o Nimlesh Sharma, Aged About 43 Years, R/o 741, Bakshi Hemraj Ki Gali, Pano Ki Dariba, Subhash Chowk, Jaipur (Raj.)

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Snehlata Sharma W/o Banwari Lal Sharma, Aged About 70 Years, R/o 741, Bakshi Hemraj Ki Gali, Pano Ki Dariba, Subhash Chowk, Jaipur (Raj.)

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----Petitioners Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 2691/2019

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Nitlesh Sharma S/o Sh. Nimlesh Sharma, Aged About 24 Years, Niwasi
741, Bakshi Hemraj Ki Gali , Pano Ki Dariba , Subhash Chouk , Jaipur
(Raj)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Sushil Kumar Prajapat
For Respondent(s) : Mr. Vikram Sharma, Public Prosecutor
Mr. Ramesh Kumar Panwar, for the
complainant

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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30/07/2019

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Heard learned counsel for the parties and also perused the material on record.

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(2 of 3) [CRLMB-3457/2019]

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The petitioners apprehend their arrest in connection with FIR No.457/2018 of Police Station Pratapnagar District Jodhpur for the offence punishable under Section 498-A, 406, 323 IPC They have preferred these anticipatory bail applications under Section 438 Cr.P.C.

¶18

At the outset, learned counsel for the petitioner has submitted that he does not want to press the criminal misc. bail application preferred on behalf of the petitioner- Nitlesh Sharma S/o Sh. Nimlesh Sharma, however, seeks liberty for the petitioner to surrender before the trial court.

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Accordingly, the criminal misc. bail application preferred by the petitioner- Nitlesh Sharma S/o Sh. Nimlesh Sharma under Section 438 Cr.P.C. is dismissed as not pressed, however, the petitioner may surrender before the trial court and may move a regular bail application. If such bail application is moved on his behalf, it is expected that the trial court will decide the same expeditiously.

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So far as petitioners- Nimlesh Sharma S/o Banwari Lal Sharma, Shavi @ Shashi W/o Nimlesh Sharma and Snehlata Sharma W/o Banwari Lal Sharma are concerned, learned counsel for the petitioners has submitted that they have been implicated in this case only because they are mother, father and grandmother of the accused Nitlesh and the allegation of demand of dowry against above them are false. It is submitted that the petitioners were living separately from Nitlesh. It is also submitted that as per the direction given by this Court, they have already joined the investigation and Streedhan of the complainant has also been returned.

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Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

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(3 of 3)

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[CRLMB-3457/2019]

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Having regard to the totality of the facts and circumstances of the case and having gone through the case diary and taking into consideration the fact that on 10.03.2019, some gold and silver ornaments and other items were returned, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioners- Nimlesh Sharma, Shavi @ Shashi and Snehlata Sharma under Section 438 Cr.P.C.

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Accordingly, the bail application under Section 438 Cr.P.C. preferred on behalf of the petitioners – Nimlesh Sharma S/o Banwari Lal Sharma, Shavi @ Shashi W/o Nimlesh Sharma and Snehlata Sharma W/o Banwari Lal Sharma is allowed and it is directed that in the event of their arrest in FIR No.457/2018 of Police Station Pratapnagar District Jodhpur they shall be enlarged on bail provided each of them furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(i) They shall make themselves available for interrogation by Investigating Officer as and when required;

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(ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

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(iii) They shall not leave India without the previous permission of the

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Court.

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Surabhii/50-51-

Nitlesh Sharma v. State

Case brief

What is this about?

What did the court decide?

Nitlesh Sharma v. State

Case brief

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What did the court decide?

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