HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State Of Rajasthan, Through Pp
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. Deepak Choudhary, PP
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
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
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