High CourtsSingle Bench

Nisha Agarwal vs State Of Rajasthan

Rajasthan High Court · Decided on 17 April 2023 · Citation: (2023) 04 RAJ CK 0060

HON’BLE JUDGES
Madan Gopal Vyas, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 406, 420 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1825, 1827 Of 2023
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Judgment

6 paragraphs · 276 words

Madan Gopal Vyas, J

The petitioner has been arrested in connection with FIR No.172/2017 of Police Station Kotwali Jalore, District Jalore for the offences punishable under Sections 420, 406 and 120B IPC. She has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offences are triable by the First Class Magistrate. It is also submitted that co-accused Rakesh Kumar Agarwal @ Boby has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 01.10.2020. The accused-petitioner is in judicial custody since long. Charge-sheet has been filed and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail application.

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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Smt. Nisha Agarwal W/o Sh. Rakesh Agarwal D/o Chhotelal shall be released on bail in connection with FIR No.172/2017 of Police Station Kotwali Jalore, District Jalore provided she 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 her appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.