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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,
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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