The High Court allowed a bail application under Section 439 Cr.P.C. for the petitioner, observing no injury caused and bail granted to co-accused, though the court did not express an opinion on merits.
Petitioner released on bail furnished by a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11900/2021
Nishant Bajaj S/o Sh. Shyamlal Bajaj, Aged About 31 Years, R/o H.no. 155, G-Block, Sri Ganganagar, Raj. (At Present Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
06/10/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.294/2021, Police Station Jawahar Nagar, District Sri Ganganagar, registered for the offences under Section 307, 384, 387, 336, 120-B of IPC and Section 67 of IT Act.
Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that accusedpetitioner has falsely been implicated for the offences punishable under Sections 307, 384, 387, 336, 120-B of IPC; charge-sheet has been filed; benefit of bail has already been granted to the coaccused persons namely Sonu Jain @ Naveen @ punjabi, Ajay Arora @ Bhalu and Om Prakash @ Bittu by this Court vide order dated 25.08.2021. Learned counsel for the petitioner further
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[CRLMB-11900/2021]
stated that allegation against the petitioner are similar to that of the co-accused; no injury has been caused to any person; chargesheet has been filed; the trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposed the bail application but does not controvert the arguments advanced by learned counsel for the petitioner.
Having regard to the facts and circumstances of the case, particularly to the fact that no injury has been caused to anyone; benefit of bail has been granted to the co-accused persons by this Court; charge-sheet has been filed; and the trial will take sufficiently long time, therefore, 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 is allowed. It is ordered that the accused-petitioner Nishant Bajaj S/o Sh. Shyamlal Bajaj, arrested in connection with F.I.R. No.294/2021, Police Station Jawahar Nagar, District Sri Ganganagar, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA), J
51-amit/-
1 issue framed by the court
Whether the petitioner deserves release on bail in the offences cited in FIR No.294/2021.
1 provisions across 1 enactments
Nishant Bajaj
State of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
