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2022 DIGILAW 355 (RAJ)

Aishwarya Bora D/o Shri Kamlesh Bora v. State of Rajasthan

2022-02-04

VINIT KUMAR MATHUR

body2022
JUDGMENT : VINIT KUMAR MATHUR, J. 1. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). S.B. Criminal Misc. Bail Application No. 1010/2022:- 2. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 213/2021, Police Station Sardarpura, District Jodhpur for the offences under Sections 420, 406, 467, 468, 471, 120-B & 380 of the I.P.C. 3. Heard learned counsel for the parties. Perused the material available on record. 4. Learned counsel for the petitioner submits that the co-accused persons namely Dharmveer Bhati & Shailendra Changani have already been enlarged on bail by the co-ordinate bench of this Court vide order dated 11.11.2021. Learned counsel further submits that offences alleged against the present petitioner are triable by the Magistrate. He also submits that the petitioner is facing incarceration for almost one month. Therefore, it is prayed that the petitioner may be enlarged on bail. 5. Learned Public Prosecutor opposes the bail application. 6. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail. 7. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Aishwarya Bora D/o. Shri Kamlesh Bora arrested in connection with F.I.R. No. 213/2021, Police Station Sardarpura, District Jodhpur shall be released on bail provided she furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) 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. S.B. Criminal Misc. Bail Application No. 967/2022:- S.B. Criminal Misc. Bail Application No. 968/2022:- S.B. Criminal Misc. Bail Application No. 1329/2022:- 8. All the above mentioned bail applications shall stand decided by this common order as they arise out of same F.I.R. 9. S.B. Criminal Misc. Bail Application No. 967/2022:- S.B. Criminal Misc. Bail Application No. 968/2022:- S.B. Criminal Misc. Bail Application No. 1329/2022:- 8. All the above mentioned bail applications shall stand decided by this common order as they arise out of same F.I.R. 9. The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. 249/2021, Police Station Sardarpura, District Jodhpur for the offences under Sections 420, 406, 467, 468, 471 & 120-B of the I.P.C. 10. Heard learned counsel for the parties. Perused the material available on record. 11. Learned counsel for the petitioners submit that in the identical cases, Dharmveer Bhati & Shailendra Changani have already been enlarged on bail by the co-ordinate bench of this Court vide order dated 11.11.2021. Learned counsel further submits that offences alleged against the present petitioners are triable by the Magistrate. They also submit that the petitioners are facing incarceration for almost one month. Therefore, it is prayed that the petitioners may be enlarged on bail. 12. Learned Public Prosecutor opposes the bail applications. 13. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail. 14. Consequently, the present bail applications filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioners -(1) Dharamveer Bhati S/o Shri Rajendra Prasad, (2) Aishwarya Bora D/o Shri Kamlesh Bora & (3) Shailendra Changani S/o Lt. Shri Suresh Kumar arrested in connection with F.I.R. No. 249/2021, Police Station Sardarpura, District Jodhpur shall be released on bail provided each of them furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) 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.