Gopal Arya vs State
2021 Latest Caselaw 11483 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9525/2021

1. Gopal Arya S/o Daulatram, Aged About 58 Years, B/c Sindhi, R/o 20-E-9, Chopasani Housing Board, Jodhpur (Raj.). (At Present Lodged At District Jail, Barmer).

2. Smt. Namarta Arya W/o Gopal Arya, Aged About 56 Years, B/c Sindhi, R/o 20-E-9, Chopasani Housing Board, Jodhpur (Raj.). (At Present Lodged At District Jail, Barmer).

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr Mahesh Khyani For Respondent(s) : Mr Sudhir Tak, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

26/07/2021

This bail application under Sec.439 CrPC has been filed by

the petitioners in connection with FIR No.158/2021 registered at

Police Station Kotwali Barmer, District Barmer for offence under

Sections 406, 420, 409, 120B IPC and Sections 3, 4, 5 & 6 of the

Chit Fund Act.

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and perused the material available on record.

Learned counsel for the petitioners does not press the bail

application of petitioner No.1 Gopal Arya, however, presses grant

of bail to the petitioner No.2, who is a lady and wife of the

petitioner No.1.

Learned Public Prosecutor opposed the bail application.

(2 of 2) [CRLMB-9525/2021]

Taking into consideration that the petitioner No.2 is wife of

petitioner No.1 and in another case bail has been granted to her,

without commenting on merits of the case, I am inclined to grant

bail to the petitioner No.2 Smt Namarta.

Therefore, the bail application of the petitioner No.1 Gopal

Arya is dismissed as not pressed and it is ordered that the accused

petitioner No.2- Smt Namarta w/o Gopal Arya be released on

bail under Section 439 CrPC in connection with aforesaid FIR

provided the petitioner furnishes a personal bond of Rs.20,000/-

with one surety in the like amount, to the satisfaction of the

concerned Magistrate with the stipulation that he shall comply

with all the conditions laid down under Sec.473 (3) CrPC.

(SANJEEV PRAKASH SHARMA),J

62-MMA/-

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