HIGH COURT OF RAJASTHAN - RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
MUKESH – Appellant
Versus
STATE – Respondent
CRIMINAL MISCELLANEOUS BAIL APPLICATION 5106/2016
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. CRM. MISC. BAIL APPLICATION No.5106/2016
(Mukesh Narayaniwall Vs. State of Raj. )
Date of Order
:
28.06.2016
P R E S E N T
HON'BLE Mr. JUSTICE DEEPAK MAHESHWARI
(VACATION JUDGE)
Mr. Jitendra Ojha, for the petitioner.
Mr. JPS Choudhary, PP.
- -
Heard learned counsel for the petitioner and
learned Public Prosecutor and perused the material available
on record.
Learned counsel for the petitioner submits that the
accused petitioner is in custody since 26.05.2016. The only
allegation made against him is that the marriage which he got
contracted between Deepak and Kamini was not with the lady
of caste ‘Soni’ but Kamini was from ‘Balai’ caste. Allegation
against him is triable by Magistrate. The trial of the case will
take long time to be concluded, therefore, it is prayed that the
accused petitioner may be released on bail.
Learned Public Prosecutor has vehemently opposed the
prayer of bail.
2
Having regard to the facts and circumstances of the case
and without expressing any opinion on the merits/demerits of
the case, this Court is of the opinion that the bail application
filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439
Cr.P.C. is allowed. It is ordered that the accused- petitioner
Mukesh Narayaniwall S/o Nathulal Narayaniwall, arrested in
connection with F.I.R. No.129/2016, Police Station Chanderiya
District Chittorgarh shall be released on bail; provided he
furnishes a personal bond of Rs.40,000/- and two surety bonds
of Rs.20,000/- 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.
(DEEPAK MAHESHWARI), VJ.
arun/-
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