Noratnath vs State
2022 Latest Caselaw 5451 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4078/2022

1. Noratnath S/o Dhanna Nath, Aged About 24 Years, R/o Ward No. 29, Delwa Basti, Loonkaransar, Police Station Loonkaransar, District Bikaner.

(At Present Lodged In Central Jail, Bikaner)

2. Dhanna Nath S/o Sohan Nath, Aged About 50 Years, R/o Ward No. 29, Delwa Basti, Loonkaransar, Police Station Loonkaransar, District Bikaner.

(At Present Lodged In Central Jail, Bikaner)

----Petitioners Versus State of Rajasthan Through Pp

----Respondent

For Petitioner(s) : Mr. Abhishek Mehta. For Respondent(s) : Mr. Laxman Solanki, P.P.

Mr. Sunil Vishnoi.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

12/04/2022

The petitioners have been arrested in connection with F.I.R.

No.234/2021, Police Station Loonkaransar, District Bikaner, for the

offences punishable under Sections 307, 323, 326, 341, 34 of

I.P.C. The petitioners have preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioners does not want to press

this bail application on behalf of petitioner No.1.

Accordingly, the present Criminal Miscellaneous Bail

Application qua petitioner No.1-Noratnath S/o Dhanna Nath is

dismissed as not pressed.

(2 of 2) [CRLMB-4078/2022]

So far as petitioner No.2-Dhanna Nath is concerned, learned

counsel for the petitioners submits that no specific averment has

been made against the petitioner No.2 for the alleged crime. The

petitioner is in judicial custody and trial of the case will take

sufficient long time to be concluded. Therefore, the benefit of bail

should be granted to the accused-petitioner No.2.

Learned Public Prosecutor and learned counsel for the

complainant have opposed the bail application.

I have considered the arguments advanced before me and

gone through the material available on record.

Taking into account the facts and circumstances of the case,

without commenting on the merits of the case, this Court deems it

just and proper to release the petitioner No.2 on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

partly allowed and it is ordered that the accused-petitioner No.2

Dhanna Nath S/o Sohan Nath shall be enlarged on bail in F.I.R.

No.234/2021, Police Station Loonkaransar, District Bikaner

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

with two sureties of Rs.50,000/- each to the satisfaction of the

learned trial Judge for his appearance before the court concerned

on all the dates of hearing as and when called upon to do so.

(MANOJ KUMAR GARG),J 86-prashant/-

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