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Gordhan vs State on 19 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 11680 / 2017
Gordhan S/o Sh. Hari Ram, Aged About 28 Years, By Caste
Gawariya, Resident of Basti Barkat Colony, Phalodi, P.S. Phalodi,
District Jodhpur. (Presently Lodged in Central Jail, Jodhpur)

—-Petitioner
Versus
State of Rajasthan Through Public Prosecutor.

—-Respondent
__
For Petitioner(s) : Mr. Vineet Jain.

For Respondent(s) : Mr. A.S. Rathore, Public Prosecutor.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
19/12/2017

The instant bail application under Section 439 Cr.P.C. is filed

by petitioner arising out of FIR No.392/2017, registered at Police

Station Phalodi, District Jodhpur, wherein he is charged for offence

punishable under Sections 498A 304B IPC.

Police after investigation submitted charge-sheet in the

matter against petitioner and two other accused persons.

It is argued by learned counsel for the petitioner that he has

been falsely implicated in the matter and prima facie there is no

proximity of the petitioner in commission of offence. Learned

counsel has also submitted that in the FIR and evidence collected

during investigation almost identical allegations are leveled

against petitioner and his wife Jhamu, and Jhamu has already

been enlarged on bail by the co-ordinate Bench while considering

her bail application No.11151/2017. Lastly, learned counsel for
(2 of 2)
[CRLMB-11680/2017]

the petitioner has urged that the case of petitioner is not

distinguishable from Jhamu, therefore, he may be enlarged on

bail.

Learned Public Prosecutor has opposed the bail application of

petitioner.

Having heard learned counsel for the parties and taking into

account facts and circumstances of the case, without expressing

any opinion on merits of the case, I deem it just and appropriate

to grant indulgence to the petitioner by enlarging him on bail.

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

allowed and it is ordered that accused-petitioner Gordhan S/o Sh.

Hari Ram, arrested in connection with F.I.R. No.392/2017, Police

Station Phalodi, Districrt Jodhpur, may be released on bail;

provided he furnishes a personal bond of Rs.50,000/- with two

surety bonds of Rs.25,000/- each to the satisfaction of 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.

(P.K. LOHRA)J.

Twinkle Singh/166

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