Allowed

Austin Nikolus Tigga v. State

Rajasthan HC17 Feb 2022CRLMB/235/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court of Rajasthan allowed the petitioner's release on bond, noting that offences are triable by Magistrate, co-accused have already been granted bail, and no other cases are pending against the petitioner.

What did the court decide?

The petitioner shall be released on bail if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Austin Nikolus Tigga Vs State — Cheque Dishonour | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 235/2022

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Austin Nikolus Tigga S/o Nikolus Tigga, Aged About 32 Years, K- 303 Star Residency Aver Shine City Vasai, Thane Mumbai (M.h). (Presently Lodged At Dist. Jail, Udaipur).

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. A.R. Choudhary, P.P.

¶9

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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17/02/2022

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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.357/2021, Police Station Goverdhan Vilas, District Udaipur, registered for the offence under Sections 384, 419, 420, 120-B IPC and 66D IT Act.

¶13

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

¶14

Learned counsel for the petitioner stated that offences are triable by the Magistrate; that earlier benefit of bail has been granted to co-accused, viz., Aaliya, Aparna and Tejaswani by this Court vide order dated 04.01.2022 and, thereafter, after filing of the charge-sheet, benefit of bail have been granted to co-accused, viz., Keshav, Tarun, Abdul Rehman Shekh, Sameer, Ayaaz and

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(2 of 3)

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[CRLMB-235/2022]

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Faizaan by learned trial Court on 11.02.2022; that accusedpetitioner is behind the bars since 14.12.2021; that charge-sheet has been filed in the matter and further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner.

¶18

On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and requested for antecedent.

¶19

In reply, learned counsel for the petitioner stated at Bar that earlier no other case is registered against the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate and benefit of bail have been granted to above mentioned co-accused persons; and as stated by learned counsel that earlier no other case is pending against the accused-petitioner; charge-sheet has been filed in the matter and 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.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Austin Nikolus Tigga S/o Nikolus Tigga, arrested in connection with F.I.R. No.357/2021, Police Station Goverdhan Vilas, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, including one

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(3 of 3)

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[CRLMB-235/2022]

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local surety, to the satisfaction of the 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.

¶25

(DEVENDRA KACHHAWAHA),J

¶26

37-Bharti/-

Austin Nikolus Tigga v. State

Case brief

What is this about?

What did the court decide?

Austin Nikolus Tigga v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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