Shikesh Kankariya vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.41/2020, P.S. Kotwali, Jalore, for the offences under Sections 457,436 and 120-B IPC and Section 4 of P.D.P.P. Act.

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

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as he has been transferred out of city nine months

ago where the incident of fire has taken place. He further submits that in two other FIRs registered against the present petitioner, this Court has

granted interim protection in S.B. Criminal Misc(Pet.) No.736/2020 on 19.2.2020 and in S.B. Criminal Misc.(Pet.) No.322/2020 on 30.01.2020. He

further submits that mother of the petitioner has passed away in the intervening night of 24/25.2.2020. The conclusion of trial will take sufficiently long

time, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, 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 Shikesh Kankariya S/o Kamal

arrested in connection with F.I.R. No.41/2020, P.S. Kotwali, Jalore shall be released on bail; provided he 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.