[email protected] S/O Shri Nizakat vs State Of Rajasthan
2021 Latest Caselaw 1027 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               15895/2020

[email protected] S/o Shri Nizakat, R/o Narsingh Road Tabela Ps
Nihalganj Dist. Dholpur Raj. (At Present In Dist. Jail Dholpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Dushyant Jain present in the Court For Respondent(s) : Mr. Manish Parashar present in the Court For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

01/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.461/2020 was registered at Police Station Kotwali,

Dholpur for offence under Sections 147, 148, 149, 323, 341, 307,

392 I.P.C.

3. It is contended by counsel for the petitioner that in the F.I.R.,

there is allegation that petitioner was armed with firearm. There is

no firearm injury. It is also contended that in the statement

recorded under Section 161 Cr.P.C., injured has neither alleged

that he was beaten by the petitioner nor that the petitioner was

armed with the firearm.

4. Learned Public Prosecutor and counsel for the complainant

(2 of 2) [CRLMB-15895/2020]

have opposed the bail application. It is contended that petitioner

has criminal antecedents and during his jail custody also, he

fought with an inmate.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

8. A copy of this order be sent to concerned S.H.O. for

recording this condition in the Village Crime Record Book so that

in the event of petitoner's repeating offence, S.H.O. can move the

Court for cancellation of bail.

(PANKAJ BHANDARI),J

ARTI SHARMA /51

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