Allowed

Dharamveer v. State of Rajasthan

Rajasthan HC12 Oct 2023CRLMB/10340/2023

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C., the High Court allowed the petitioner to be enlarged on bail after hearing counsel. The court noted the challan was filed, no recovery was needed, and no apprehension of tampering with evidence existed.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial court.

Dharamveer Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:34693]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10340/2023

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Dharamveer S/o Mota Ram, Aged About 26 Years, Narsali Nadi Kolu P.s. Baytu Dist. Barmer. (At Present Lodged In Sub Jail, Balotra). ----Petitioner

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Versus

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State Of Rajasthan, Through Pp ----Respondent

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For Petitioner(s)	: Mr.	Jitendra Ojha
For Respondent(s)	: Mr.	Salim Khan,PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR Order

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12/10/2023

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.167/2023 Police Station Balotra, District Barmer, for the offences under Sections 384 of IPC and under Section 67-A of I.T. Act.

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Learned Public Prosecutor submitted that notice upon the complainant/victim have already been served through the concerned S.H.O.

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In view of the above statements, service upon the complainant/victim is complete.

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Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the allegations against the present petitioner is that he made certain obscene photographs of the prosecutrix viral by uploading the same on various social media platforms by creating a false I.D. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 09.08.2023; no recovery is due to be effected from the present

[2023:RJ-JD:34693]

[CRLMB-10340/2023]

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petitioner; challan against him has already been filed and no useful purpose would be served by keeping the petitioner behind the bars for an indefinite period, therefore, the petitioner deserves to be enlarged on bail.

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Per contra, learned Public Prosecutor has vehemently opposed the bail application.

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

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Having considered the rival submissions, facts and circumstances of the case and so also the fact that the challan against the present petitioner has already been filed; no recovery is due to be effected from the present petitioner and the prosecution has not shown any apprehension of the petitioner influencing the prosecutrix and tampering with the evidence and also looking to the possibility that the trial may take long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner- Dharamveer S/o Mota Ram , arrested in connection with FIR No.167/2023 Police Station Balotra, District Barmer, shall be released on bail; provided he executes a personal bond in the sum of Rs.50,000/and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(KULDEEP MATHUR),J

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56-KshamaD/-

Dharamveer v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharamveer v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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