This court allowed a bail application filed by an accused charged under Section 306 IPC. The court deemed it just and proper to enlarge him on bail without expressing an opinion on the merits of the case.
Petitioner to be released on personal bond of Rs. 1,00,000 with two sound and solvent sureties of Rs. 50,000 each.
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[CRLMB-6532/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6532/2021
Nakshatarmal S/o Rameshawar Lal, Aged About 22 Years, R/o Janwo Ka Mohallah, Boheda, Badi Sadri at Present Malankhedi, P.S. Nikumbh, Dist. Chittorgarh, Rajasthan.
(At present lodged at Sub Dist. Jail, Nimbaheda, Chittorgarh).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. |
VijayKumar Gaur,through VC |
|---|---|---|
| For Respondent(s) | : Mr. |
Javed Goury,PP |
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)
Order
15/06/2021
Before this Court is an application under Section 439 CrPC preferred on behalf of petitioner Nakshatarmal S/o Rameshawar Lal, who is in custody in connection with FIR No.296/2020 registered at Police Station Badi Sadri, District Chittorgarh for offence punishable under Section 306 IPC.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioner submits that petitioner has been involved without any basis; he has not abated to commit suicide to the deceased, who is wife of the complainant. No other criminal case is pending against the petitioner; petitioner is innocent. Learned counsel for the petitioner submits that offence under Section 306 IPC is not made out against the petitioner.
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[CRLMB-6532/2021]
Police arrested petitioner without any basis. Learned counsel for the petitioner prays to enlarge the accused-petitioner on bail.
Learned Public Prosecutor has opposed grant of bail to the petitioner.
Having considered the rival contentions of learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 CrPC.
Accordingly, this bail application under Section 439 CrPC is allowed. It is ordered that the petitioner Nakshatarmal S/o Rameshawar Lal who is in custody in connection with FIR No.296/2020 registered at Police Station Badi Sadri, District Chittorgarh, shall be released on bail provided he/she/each of them executes a personal bond in the sum of Rs.1,00,000/(rupees One Lac) with two sound & solvent sureties of Rs.50,000/each, to the satisfaction of learned trial court for his/her/their appearance before that court on each & every date of hearing and whenever called upon to do so.
(RAMESHWAR VYAS (VACATION JUDGE)),J
40-AnilKC/-
1 issue framed by the court
Whether the accused is eligible for bail under Section 439 CrPC in the instant case.
1 provisions across 1 enactments
Nakshatarmal S/o Rameshawar Lal
State of Rajasthan
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
