Naresh @ Nikhil 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.243/2016, Police Station Kotwali, District Jalore for the offence under Sections 396, 365 & 341 IPC.

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

It is submitted by learned counsel for the petitioner that except the recovery of knife from the present petitioner, there is no other evidence to connect the present petitioner with the offences alleged. He further submits that as per the FSL report received, the blood group on the weapon of offence i.e., knife, is reported to be inconclusive. 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 Naresh @ Nikhil S/o Sh. Dhuka Ram Ji arrested in connection with F.I.R. No.243/2016, Police Station Kotwali, District 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.