BHATTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public Prosecutor and have also perused the case diary.

(2.) It is contended by learned counsel for the petitioner that offence u/s 216-A Penal Code is bailable and, therefore, the application be allowed. Learned Counsel also placed reliance on the decision of this Court in Shriya Vs. State 1989 RCC 189 . Learned PP has opposed the bail application. Considering the above submissions and taking into consideration the entire facts and circumstances of the case, I am inclined to grant bail to the petitioner under Sec. 439 of the Code of Criminal Procedure.

(3.) It is, therefore, ordered that the petitioner Bhatta S/o Sh. Kala Gurjar be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000.00 (Rs. Ten Thousand only) with two sound sureties of Rs. 5,000.00 (Rs. Five Thousand only) each to the satisfaction of the trial court with the stipulation to appear in the Court as and when called upon to do so during pendency of the trial against him in the case arising out of Sessions Case/F.I.R. No. 09/2004, RS. Basia Dang (Dholpur). Application allowed.