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Nasir @ Naresh vs State Of Rajasthan on 14 July, 2021

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8356/2021

Nasir @ Naresh S/o Sh. Rafique Khan, Aged About 29 Years,
Indra Colony, P.s. Goverdhan Vilas, Udaipur. (At Present Lodged
In Central Jail, Udaipur).

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Deepak Menaria
Mr. Ram Singh Rawal.

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

HON’BLE MR. JUSTICE SANDEEP MEHTA

Order

14/07/2021

Heard learned counsel for the parties. Perused the material

available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.160/2021 registered at Police Station

Goverdhan Vilas, Udaipur for the offences under Sections 341,

323, 354 and 427/34 IPC.

Learned counsel Shri Menaria submits that the petitioner

does have significant criminal antecedents but, as a matter of fact,

the complainant’s mother Sundari is also having significant

criminal antecedents and a trivial quarrel between the parties has

been given the colour of the above offences. He submits that only

the offence under Section 354 IPC, which has been applied in this

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(2 of 2) [CRLMB-8356/2021]

case, is non-bailable whereas the petitioner never outraged the

modesty of the complainant.

Learned Public Prosecutor vehemently and fervently opposes

the submissions advanced by the petitioner’s counsel.

Having regard to the overall facts and circumstances as

available on record, but without expressing any opinion on the

merits of the case, this Court is of the opinion that the petitioner

deserves to be enlarged on bail.

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

allowed and it is directed that the petitioner Nasir @ Naresh

arrested in connection with the F.I.R. No.160/2021 registered at

Police Station Goverdhan Vilas, Udaipur 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

54-Tikam/-

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