Allowed

Nirmal Kumar v. State of Rajasthan

Rajasthan HC22 Sept 2022CRLMB/12349/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a bail application filed by Nirmal Kumar. The court granted regular bail on a personal bond with sureties despite opposition by the Public Prosecutor, citing totality of circumstances without expressing an opinion on the merits of the case.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Nirmal Kumar Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 12349/2022

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Nirmal Kumar S/o Sh. Chelaram, Aged About 40 Years, W.No. 09, Dhakka Basti, Nai Mandi Gharsana, Tehsil Gharsana, District Sriganganagar (Raj.).

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(Presently Lodged In Sub Jail, Anoopgarh).

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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. Mahaveer Bishnoi For Respondent(s) : Mr. Mukhtiyar Khan, Public Prosecutor

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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22/09/2022

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The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 216/2022 registered at Police Station Nai Mandi Gharsana, District Sri Ganganagar for the offence punishable under Sections 307, 323, 324, 326 and 34 of IPC.

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Counsel for the petitioner submits that no specific averment of causing injury has been made against the petitioner by the injured as well as other witnesses. Counsel submits that only omnibus allegations have been levelled against the petitioner. Challan has already been presented and no investigation is pending against the petitioner. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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(2 of 2)

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[CRLMB-12349/2022]

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Nirmal Kumar S/o Shri Chelaram shall be released on bail in connection with FIR No. 216/2022 registered at Police Station Nai Mandi Gharsana, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG),J

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71-Mak/-

Nirmal Kumar v. State of Rajasthan

Case brief

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Nirmal Kumar v. State of Rajasthan

Case brief

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