CourtKutchehry.com
High CourtsSingle Bench

Nihal Soni @ Baam And Ors vs State

Rajasthan High Court · Decided on 6 February 2020 · Citation: (2020) 02 RAJ CK 0186

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 308, 323, 324, 327, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1624, 1625 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 349 words

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.130/2019, Police Station Ghantaghar, District Udaipur for the offences under Sections 323, 341, 324, 308 & 327/34 IPC.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioners that the injuries suffered by Rajesh are simple in nature. Co-accused persons Shubham @ Sonu has already been enlarged on bail by this Court vide order dated 29/01/2020 and the case of the present petitioner is not distinguishable from the co-accused who has been enlarged on bail. The charge sheet in the matter has been filed. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.

The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioners is identical to co-accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioners are also entitled for the grant of bail under Section 439 Cr.P.C.

Consequently, the bail applications filed under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners Nihal Soni @ Baam S/o Late Shri Apurv Soni and (2) Bhupendra Singh Rathore S/o Sh. Satyanarayan Singh Rathore arrested in connection with F.I.R. No. 130/2019, Police Station Ghantaghar, District Udaipur 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.