HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 8511/2022

Nirbhya S/o Hota @ Hotam Singh, R/o Dev Ka Pura, Majra Moroli

Presently Rihav Petrol Pump Ke Samne, Gurjar Coloney, Police

Station Kotwali Distt Dholpur ( Accused Petitioner Is Confined In

Distt Jail Dholpur)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Sumit Kumar Jain

For Respondent(s)

:

Mr. MS Saini, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

27/06/2022

1.

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Nirbhya S/o Hota @ Hotam

Singh. The petitioner has been arrested in connection with FIR No.

62/2020 registered at Police Station Kotwali Dholpur, District

Dholpur for the offence(s) under Sections 147, 148, 149, 323,

341, 336 & 452 IPC.

2.

Learned counsel for the accused-petitioner submits that a

false case has been foisted against the petitioner. The accused-

petitioner has nothing to do with the alleged offences. He submits

that the petitioner happens to be a septuagenarian. The offences

alleged are under Sections 323, 341, 34 & 452 IPC. Sections 323,

341 & 34 IPC are bailable whether from the facts and

circumstances, the case would fall under Sections 451 or 452 IPC,

which can only be adjudicated after full fledged trial. Section 451

(2 of 2)

[CRLMB-8511/2022]

IPC is a bailable offence. Trial is likely to take long time to

conclude. There seems no justification to allow his further

incarceration till disposal of the case.

3.

Per contra, learned Public Prosecutor has opposed the bail

application.

4.

Considering the arguments advanced by the counsel for the

parties and looking to the overall facts and circumstances of the

case, this court deems it just and proper to enlarge the accused-

petitioner on bail.

5.

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

allowed and it is ordered that the accused-petitioner named above

shall be enlarged on bail provided he furnishes a personal bond in

the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for his appearance

before the court concerned on all the dates of hearing as and

when called upon to do so.

(FARJAND ALI),J

SAHIL SONI /38