Nemichand @ Nemo S/O Shri Sannu vs State Of Rajasthan (2024:Rj-Jp:6792)
2024 Latest Caselaw 1014 Raj/2

Rajasthan High Court

Nemichand @ Nemo S/O Shri Sannu vs State Of Rajasthan (2024:Rj-Jp:6792) on 9 February, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:6792]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                             1586/2024
Nemichand @ Nemo S/o Shri Sannu, R/o Village
Vilanchatpura          Police      Station         Uchain      District
Bharatpur At Present R/o 120/209 Vikashpuri Police
Station Vikashpuri, New Delhi. (Present Confined In
Centre Jail Sevar District Bharatpur)                    ----Petitioner
                                Versus
State Of Rajasthan, Through Pp                      ----Respondent

For Petitioner(s) : Mr. Vinod Kumar Sharma, Adv. For : Mr. Ghan Shyam Singh Rathore, Respondent(s) GA-cum-AAG, with Mr. Tejendra Pal Singh Rathore, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 09/02/2024

This second bail application has been filed by

the petitioner under Section 439 Cr.P.C. seeking

regular bail in FIR No.425/2023 registered at Police

Station Uchain, District Bharatpur for the offence(s)

under Section(s) 19/54 of Rajasthan Excise Act.

The first bail application of the accused-

petitioner was dismissed as withdrawn by this Court

vider order dated 16.01.2024, giving liberty to the

accused-petitioner to file afresh after filing of the

charge sheet.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

[2024:RJ-JP:6792] (2 of 2) [CRLMB-1586/2024]

falsely implicated in this case. He further submits

that the accused-petitioner has been in judicial

custody since long and the conclusion of the trial will

take long time, hence the petitioner may be enlarged

on bail.

Learned Government Advocate-cum-Additional

Advocate General appearing for the State has

opposed the bail application.

Taking into consideration the overall facts and

circumstances of the case, but without expressing

any opinion on the merits and demerits of the case,

this Court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the second bail application filed

under Section 439 Cr.P.C. is allowed and it is ordered

that accused-petitioner Nemichand @ Nemo S/o

Shri Sannu shall be released on bail, 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 trial Court, with the

stipulation that the petitioner shall appear before

that Court on all subsequent dates of hearing and as

and when called upon to do so.

(UMA SHANKER VYAS),J DANISH USMANI /21

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