Allowed

Nipun@Mithun S/O Manoj Thakur v. State of Rajasthan

Rajasthan HC11 Jan 2021CRLMB/223/2021

Case brief

AI extract

What is this about?

Bench allowed third bail application under S. 439 CrPC. Court noted petitioner detained over three years, co-accused released on bail, case rests on circumstantial evidence with recovery of t-shirt from multi-resident area. Granted bail subject to personal bond.

What did the court decide?

Release on bail requiring personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each with appearance stipulation.

Nipun@Mithun S/O Manoj Thakur Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Third Bail Application No. 223/2021

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Nipun@mithun S/o Manoj Thakur, Aged About 20 Years, R/o Jaiprabha Nagar PS Chotham Dist. Khagdiya Bihar Present Labourer Vansh Marble Dena Bank Marble Area Kishangarh (Presently In J.c. At Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Mohammad Aslam through VC For Respondent(s) : Mr. Pankaj Agarwal, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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11/01/2021

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Petitioner has filed this third bail application under Section 439 of Cr.P.C.

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F.I.R. No. 257/2017 was registered at Police Station Gandhi Nagar, District Ajmer, for offence under Sections 302 and 201 of I.P.C.

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It is contended by counsel for the petitioner that petitioner has remained in custody for a period of more than three years. It is also contended that co-accused has been enlarged on bail. The case rests on circumstantial evidence. There is no last seen evidence. The only evidence found against the petitioner is recovery of t-shirt, which has been recovered from a place where many persons reside.

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Learned Public Prosecutor has opposed the third bail

(2 of 2)

[CRLMB-223/2021]

application.

I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the third bail application.

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This third bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to

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do so.

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(PANKAJ BHANDARI),J

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Heena/31

Nipun@Mithun S/O Manoj Thakur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nipun@Mithun S/O Manoj Thakur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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