The High Court allowed the bail application of Nikhil in an FIR under IPC Sections 420, 406, and 120B, granting regular bail upon furnishing a bond with sureties without adjudicating merits.
Petitioner released on bail with personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
14194/2022
Nikhil S/o Shri Pawan Kumar, R/o House No. 628, Shastri Nagar, Dadabadi, At Present H. No. 753, Shivpura, Ps. Dadabadi Kota (Raj.) ( At Present Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Samarth Sharma, Adv. For : Mr. M.S. Saini, PP Respondent(s) Mr. Pradeep Mathure, Adv. Mr. Paras Jain, Adv.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
20/09/2022
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.95/2022 registered at Police Station Kotwali, District Kota City for the offence(s) under Section(s) 420, 406 & 120B of IPC.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. He further submits that the accused-petitioner is in judicial custody since
(2 of 2)
[CRLMB-14194/2022]
long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the same.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and accused-petitioner Nikhil S/o Shri Pawan Kumar is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
Gaurav/34
1 issue framed by the court
Whether the petitioner deserves regular bail in offences under Sections 420, 406, and 120B of IPC.
2 provisions across 2 enactments
Nikhil S/o Shri Pawan Kumar
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
