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Rajasthan High Court - Jaipur

Nazla W/O Shri Rajendra @ Danko vs State Of Rajasthan on 10 June, 2020

Author: Ashok Kumar Gaur

Bench: Ashok Kumar Gaur

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Miscellaneous Bail Application No. 5334/2020

Nazla W/o Shri Rajendra @ Danko, R/o Adrash Nagar, Pachgaon,
Police Station Sadar Dholpur, District Dholpur (Rajasthan)
(Presently Confined in Jail At Dholpur)
                                                         ----Accused-Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Dinesh Kumar Garg (through
                                video conferencing)
For Respondent(s)         :     Mr. Ganesh Saini, Public Prosecutor-
                                present in the Court.



         HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

                                     Order

10/06/2020

     Heard learned counsel for the accused-petitioner and learned

Public Prosecutor.

Learned counsel for the accused-petitioner submitted that the accused-petitioner has been arrested in a case arising out of FIR No.77/2020 registered at Police Station Sadar Dholpur for the offence under Sections 332 & 353 IPC and Section 3 of Prevention of Damage to Public Property Act (for short "the PDPP Act") and during investigation added Section 333 IPC.

Learned counsel for the accused-petitioner submitted that the accused-petitioner is a lady and there is no specific allegation that she has caused any injury on the injured - Om Prakash.

Learned counsel further submitted that initial version of the Police was with respect to committing an offence under the Excise (Downloaded on 10/06/2020 at 08:57:36 PM) (2 of 2) [CRLMB-5334/2020] Act, however, later on the accused-petitioner has been implicated in the present case registered under Sections 332, 333 and 353 I.P.C and Section 3 of the PDPP Act.

Learned counsel further submitted that the accused- petitioner has remained in custody and she is not required for any recovery or investigation purpose.

Learned Public Prosecutor has opposed the bail application and submitted that the accused-petitioner has participated in the alleged incident and three more cases under Section 16/54 of Excise Act have been registered against her.

This Court, considering the fact of not causing any injury on the injured - Om Prakash, the accused-petitioner being lady and further, she is not required for any recovery or investigation purpose and without expressing any opinion on the merits of the case, deems it just and proper to enlarge the accused-petitioner on bail.

Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Nazla W/o Shri Rajendra @ Danko shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.25,000/- along with one surety of alike amount to the satisfaction of learned trial Judge for her appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

(ASHOK KUMAR GAUR),J Sakshi/Preeti Asopa /7 (Downloaded on 10/06/2020 at 08:57:36 PM) Powered by TCPDF (www.tcpdf.org)