Vacation Judge allowed bail to the petitioner under Section 439 Cr.P.C. without expressing an opinion on the merits, ordering release on personal bond and sureties.
Petitioner released on bail with personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5661/2019 Kishore Singhvi S/o Ratan Chand, Aged About 60 Years, By Caste Jain, Resident Of Balotra, Tehsil Pachpadra, District Barmer (Lodged In Sub Jail Balotra)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh. For Respondent(s) : Mr. S. K. Bhati, P. P. Mr. Suresh Kumbhat, for complainant.
JUSTICE DINESH MEHTA
(VACATION JUDGE)
Order
04/06/2019
This application for grant of bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.138/2019 registered at Police Station Balotra, District Barmer, for the offences under Sections 392, 458, 354, 364, 427, 323 & 120-B IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.
Mr. Dhirendra Singh, learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case, there is no evidence against him and the allegation that the incident took place at the instructions and instigation by the petitioner is not only baseless but also not supported by any evidence. He submits that even if the best case of the complainant
(2 of 2)
[CRLMB-5661/2019]
is accepted, the petitioner cannot be held guilty of any offence, much less extortion.
Learned Public Prosecutor vehemently opposed this bail application and on the basis of factual report fairly submits that there is material available on record against the petitioner.
Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Kishore Singhvi S/o Ratan Chand arrested in FIR No.138/2019, Police Station Balotra, District Barmer shall be released on bail; provided he executes personal bond in the sum of Rs.1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing, as and when called upon to do so.
(DINESH MEHTA),VJ
11-A.Arora/-
1 issue framed by the court
Whether the bail application of the petitioner should be accepted.
1 provisions across 1 enactments
Kishore Singhvi S/o Ratan Chand
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
