The High Court of Rajasthan granted bail under Section 439 Cr.P.C. to the petitioner, who was arrested in connection with offences under the IPC. The court accepted the application without expressing an opinion on the merits of the case.
Petitioner released on bail on personal bond of Rs. 50,000/ and two sureties of Rs. 25,000/ each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Second Bail Application No. 7100/2020
Nishant Sharma S/o Chandra Prakash Sharma, Aged About 42 Years, House No. 98-C, Kumbhanagar, Chittorgarh At Present Residing At G-4, Civil Line, Bhilwara, Police Station Subhashnagar, District Bhilwara. (At Present Lodged In District Jail Bhilwara).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Neeraj Kumar Gurjar For Respondent(s) : Mr. Sharvan Bishnoi, P. P.
JUSTICE DINESH MEHTA
Order
11/08/2020
This second application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.178/2019 Police Station Kotwali, District Bhilwara for the offences under Sections 193, 466 & 409 IPC.
Learned counsel for the petitioner submits that charge-sheet has been filed against the petitioner and the case is triable by Magistrate. It is further informed that Coordinate Bench has already allowed petitioner’s identical bail application vide order dated 19.05.2020 (SB Criminal Misc. Bail Application No.4594/2020).
Mr. Bishnoi, learned PP, opposing the bail application, submitted that the petitioner is an employee in a Court and thus, he should not be enlarged on bail.
(2 of 2)
[CRLMB-7100/2020]
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 second bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Nishant Sharma S/o Shri Chandra Prakash Sharma, arrested in FIR No.178/2019 Police Station Kotwali, District Bhilwara shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.
Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(DINESH MEHTA),J
76-A.Arora/-
1 issue framed by the court
Whether the petitioner deserves to be released on bail in light of the facts and circumstances of the case.
2 provisions across 2 enactments
Nishant Sharma
State
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
