Citation : 2021 Latest Caselaw 12582 Raj
Judgement Date : 11 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc.(Temporary) Bail Appl.No. 10327/2021
Narendra Kumar @ Niranjan Kumar S/o Rama Ram, Aged About 31 Years, B/c Meghwal, R/o Meghwalo - Ka -Bas, Nana , Police Station Nana, Tehsil Bali, District Pali. (At Present Lodged In Sub Jail Bali)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Pradeep Shah For Respondent(s) : Mr. Mukhtiyaar Khan, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
11/08/2021
The present temporary 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.170/2015, Police Station Nana
District Pali, registered for the offences under Sections 341, 323,
324, 326, 302/34 IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that accused-
petitioner is a student and appearing in M.A.(History) Final Year
Examination, 2021; exam schedule as well as admission card has
been submitted along with this bail application. Earlier benefit of
temporary bail has been granted by this Court; copy of the same
has been submitted by learned counsel for the petitioner.
Therefore, the petitioner may be released on temporary bail for a
(2 of 3) [CRLMB-10327/2021]
period of one month for the purpose of appearing in M.A.(History)
Final Year Examination, 2021.
Learned Public Prosecutor has opposed the temporary bail
application and stated that by rejection order, accused-petitioner
was permitted to appear in examination on 13.08.2021,
25.08.2021, 01.09.2021 and 03.09.2021.
Having regard to the facts and circumstances of the case,
particularly to the fact that earlier benefit of temporary bail has
been granted to accused-petitioner for examinations and he had
surrendered himself before the jail authorities in time and never
misused the liberty of bail granted by this Court; in support of his
contention, learned counsel has relied upon the judgments passed
by this Court in S.B. Criminal Misc. Temporary Bail application
No.2170/2018 (Narendra Kumar @ Niranjan Gehlot), decided on
26.02.2018, S.B. Criminal Misc. Temporary Bail application
No.2319/2019 (Narendra Kumar @ Niranjan Gehlot), decided on
25.02.2019 and S.B. Criminal Misc. Temporary Bail application
No.2235/2010 (Narendra @ Niranjan Gehlot), decided on
17.02.2020, this Court is of the opinion that the temporary bail
application filed under Section 439 Cr.P.C. by the petitioner
deserves to be accepted.
Consequently, the temporary bail application is allowed. It is
ordered that the accused-petitioner-Narendra Kumar @ Niranjan
Kumar S/o Rama Ram, arrested in connection with F.I.R.
No.170/2015, Police Station Nana District Pali, shall be released
on temporary bail from 13.08.2021 to 04.09.2021, provided he
furnishes a personal bond of Rs.1,00,000/- (Rupees One lac only)
and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty
(3 of 3) [CRLMB-10327/2021]
Thousand only) each to the satisfaction of the Jail Superintendent,
Sub Jail Bali, District Pali.
Petitioner - Narendra Kumar @ Niranjan Kumar S/o Rama
Ram shall surrender himself before the concerned Jail authorities
positively on 05.09.2021.
(DEVENDRA KACHHAWAHA),J 112-Bharti/-
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