Nathmal vs State
2021 Latest Caselaw 10499 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 8441/2021

1. Nathmal S/o Dhagla Ram, Aged About 25 Years, Rawar, P.s. Bilara, Dist. Jodhpur. (Presently Lodged In Pichiyak Jail, Bilara).

2. Surendra S/o Madan Singh, Aged About 24 Years, Rawar, P.s. Bilara, Dist. Jodhpur. (Presently Lodged In Pichiyak Jail, Bilara).

                                                                  ----Petitioners
                                    Versus
State, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Ramniwas
For Respondent(s)         :     Mr. B.R. Bishnoi, AGC



            HON'BLE MR. JUSTICE SANDEEP MEHTA

                                 Judgment

09/07/2021

This is a second bail application filed under Section 439

Cr.P.C. on behalf of the petitioners, who are in custody in relation

to FIR No.166/2020, Police Station Dangiyawas, District Jodhpur

for offence under Section 394/34 IPC.

The first bail application (No.4024/2021) filed on behalf of

the petitioner was rejected by this Court by order dated

06.04.2021 giving them liberty to file a fresh bail application after

submission of the charge-sheet.

Now investigation is complete and charge-sheet has been

filed. The petitioners are in judicial custody in connection with the

above offence which is magistrate triable. The victim could not

(2 of 2) [CRLMB-8441/2021]

identify the accused petitioners in the test identification

proceedings.

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

petitioners. Accordingly, this second bail application is allowed

and it is directed that the accused-petitioners (1) Nathmal S/o

Shri Dhagla Ram and (2) Surendar S/o Shri Madan Singh arrested

in connection with the F.I.R. No.166/2020 registered at Police

Station Dangiyawas, District Jodhpur shall be released on bail

provided each of them 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 115-Sudhir Asopa/-

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