Allowed
Nimlesh Sharma v. State of Rajasthan
Rajasthan HCCRLMB/3457/2019
Case brief
from the order text
What is this about?
JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.…
What the court decided
AI extract
JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3457/2019
----Petitioners Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2691/2019
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
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
30/07/2019
Heard learned counsel for the parties and also perused the material on record.
(2 of 3) [CRLMB-3457/2019]
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.
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.
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.
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.
Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.
(3 of 3)
[CRLMB-3457/2019]
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.
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:-
(iii) They shall not leave India without the previous permission of the
Court.
Surabhii/50-51-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners facing charges under Sections 498-A, 406, and 323 of the Indian Penal Code.
Whether the ground that the petitioners are family members implicated solely due to dowry allegations and cooperation with investigation warrants bail.
2 provisions across 2 enactments
Nimlesh Sharma S/o Banwari Lal Sharma
Shavi @ Shashi W/o Nimlesh Sharma
Snehlata Sharma W/o Banwari Lal Sharma
Nitlesh Sharma
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court