Dinesh Kumar vs State Of Rajasthan
2021 Latest Caselaw 2680 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 871/2021

Dinesh Kumar S/o Sh. Pokarram, Aged About 33 Years, B/c Vishnoi, R/o Peethawas, P. S. Dangiyawas, Teh. And Dist. Jodhpur (Presently Lodged At Central Jail, Jodhpur).

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


For Petitioner(s)        :     Mr. Birbal Ram
For Respondent(s)        :     Mr. Mukesh Trivedi, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                         Judgment / Order

01/02/2021

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.108/2019, Police Station Sardarpura, Jodhpur Metro for

offence under Section 392 IPC

Heard learned counsel for the accused-petitioner and learned

Public Prosecutor. Perused the material available on record.

The petitioner has been charge-sheeted in this case. On

perusal of the challan-papers, it is apparent that neither is the

petitioner named in the FIR nor any recovery effected from him.

Furthermore, the Investigating Officer did not get the petitioner

subjected to test identification at the hands of the victim. The

incident took place on 02.05.2019 and the petitioner was arrested

as late as on 04.10.2020.

In this background, I am of the opinion that the court below

has rejected the bail application of the petitioner in an absolutely

(2 of 2) [CRLMB-871/2021]

mechanical manner without barely adverting to the facts of the

case. The approach of the court below is totally lackadaisical and

cannot be appreciated.

In this view of the matter 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, this bail application is allowed and it is

directed that the accused-petitioner Dinesh Kumar S/o Shri Pokar

Ram arrested in connection with the F.I.R. No.108/2019 registered

at Police Station Sardarpura, Jodhpur Metro 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

35-Sudhir Asopa/-

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