Nitesh Kumar vs State
2022 Latest Caselaw 2107 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 387/2022

Nitesh Kumar S/o Dalvindra Kumar, Aged About 24 Years, R/o Jansua, P.s. Rajpura Sadar, Distt. Patiyala, Punjab. (At Present Lodged In Distt. Jail Hanumangarh)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Niwas Harniya (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/02/2022 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.455/2020 of

Police Station Sangariya, District Hanumangarh for the offences

punishable under Sections 392, 458, 342, 120-B of IPC and Under

Section 4/25 of Arms. Act. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted after

rejection of the first bail application the co-accused persons

namely Sukhvindra Kumar and Satpal have already been enlarged

on bail by a co-ordinate Bench of this Court vide orders dated

04.10.2021 and 06.01.2022 respectively. It is submitted that

recovery of Rs.30,00,000/- have been effected from the petitioner,

however, recovery of Rs.45,00,000/- and Rs.15,00,000/- have

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been effected from the above named co-accused, who have

already been enlarged on bail. It is also submitted the case of the

petitioner is similar to that of co-accused, therefore, the petitioner

is also entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application,

however, he is not in a position to dispute the fact that co-accused

persons have already been enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Nitesh Kumar

S/o Dalvindra Kumar shall be released on bail in connection with

FIR No.455/2020 of Police Station Sangariya, District

Hanumangarh provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial court for his appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J 97-Arun/-

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