Nitin vs State Of Rajasthan
2021 Latest Caselaw 8138 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3976/2021

Nitin S/o Shri Kailashchandra, Aged About 22 Years, R/o Yadav Mohalla, Chhoti Sadri, District Pratapgarh. (Presently Lodged In Distt. Jail Pratapgarh)

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

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

24/03/2021

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.27/2021, Police Station Chhoti Sadri, District Pratapnagar

for offence under Section 306 IPC.

Heard learned counsel for the petitioner, learned Public

Prosecutor and perused the material available on record.

Learned counsel Shri Saruparia contends that the entire case

is false and fabricated. No evidence worth the name was collected

by the Investigating Officer so as to show that the petitioner was

stalking the deceased or that she committed suicide because of

the petitioner's offending behaviour. He drew the court's attention

to the transcription prepared from the pendrive presented by the

complainant to the Investigating Officer having the conversation

purportedly held between the petitioner and the complainant

Jainarayan on 03.01.2021 and urged that there is no indication in

(2 of 2) [CRLMB-3976/2021]

the exchanges that the complainant Jainarayan was perturbed

because of the misbehavior of the petitioner with his wife. He

further submits that the mobile phones of the petitioner and the

deceased were not recovered so as to lend credibility to the

prosecution case that the petitioner used to stalk the deceased or

used to make indecent calls to her. He thus, craves bail for the

petitioner.

Learned Public Prosecutor vehemently and fervently opposed

the submissions advanced by petitioner's counsel and urges that

the petitioner does not deserve indulgence of bail

Having regard to the overall facts and circumstances of the

case as available on record and as investigation has been

completed and charge-sheet has been filed against the petitioner

in the court concerned, this Court is inclined to extend indulgence

of bail to the accused petitioner. Accordingly, the bail application

is allowed and it is directed that the accused-petitioner Nitin S/o

Shri Kailashchandra arrested in connection with the F.I.R.

No.27/2021 registered at Police Station Chhoti Sadri, District

Pratapgarh 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 91-Sudhir Asopa/-

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