Naniya @ Sunil vs State
2021 Latest Caselaw 12581 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10384/2021

Naniya @ Sunil S/o Sh. Sardar Ram, Aged About 27 Years, Kerwali, P.s. Neem Ka Thana, Dist. Sikar. (At Present Lodged In Sub Jail, Nohar, Dist. Hanumangarh).

                                                                  ----Petitioner
                                   Versus
State, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. S.K. Verma
For Respondent(s)        :     Mr. Sharwan Bishnoi, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

11/08/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.198/2018 Police Station Nohar, District Hanumangarh for

the offence under Section 379 IPC.

Heard. Perused the material available on record.

The complainant's Bolero Camper (No. RJ 49 GA 1060) was

stolen in the year 2018 and the FIR aforestated was lodged

against unknown persons. The co-accused Ganesh Meena @

Rajesh was arrested in the year 2019 and the stolen vehicle was

recovered at his instance. The bail application (No.7185/2019) of

the said co-accused has been accepted by this Court vide order

dated 09.07.2019 but despite that the learned court below has

dismissed the bail application of the petitioner observing that the

petitioner has been arrested in this case after two and half years.

Manifestly, the order rejecting bail does not indicate as to what is

(2 of 2) [CRLMB-10384/2021]

the material on the basis whereof the petitioner has been

implicated in this case and without making such consideration, the

bail application of the petitioner has been rejected by the learned

court below in a grossly mechanical manner.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioner.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioner Naniya @ Sunil S/o Shri Sardar Ram

arrested in connection with the F.I.R. No.198/2018 registered at

Police Station Nohar, District Hanumangarh shall be released on

bail provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- each to the satisfaction of the learned

trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

(SANDEEP MEHTA),J 152-Sudhir Asopa/-

Powered by TCPDF (www.tcpdf.org)