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Nazir Khan vs State Of Rajasthan on 11 October, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 10078/2018

Nazir Khan S/o Sh. Mohd. Yunus, Aged About 19 Years, B/c Teli
Muslim, R/o Kaga Kagri, Muslim Basti, Sheetla Mata Road,
Nagouri Gate, Jodhpur (Lodged At Central Jail , Jodhpur)

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. Deepak Choudhary, PP

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

11/10/2018

The petitioner has been arrested in connection with FIR

No.120/2018 of Police Station Nagouri Gate, Jodhpur for the

offence punishable under Section 354 IPC and Section 67 of

Information and Technology Act. He has preferred this second bail

application under Section 439 Cr.P.C. The first bail application was

dismissed by this Court on 25.09.2018 and liberty was granted to

file fresh bail application after filing of the challan.

Counsel for the petitioner submits that after rejection of the

first bail application, challan of the case has been filed by the

Police and no investigation is pending. The accused-petitioner is in

judicial custody and the trial of the case will take sufficient long

time to be concluded. Therefore, the benefit of bail should be

granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-10078/2018]

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, the second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Nazir Khan S/o

Sh. Mohd. Yunus shall be released on bail in connection with FIR

No.120/2018 of Police Station Nagouri Gate, Jodhpur provided he

executes a personal bond in a sum of Rs.1,00,000/- with two

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

(MANOJ KUMAR GARG),J

Ms/-134

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