IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IIIrd Bail Appl. No. 287/2010 Nitin Sharma vs. State of Rajasthan Dated : 15.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Anil Kumar, for the petitioner. Mr. Amit Punia, P.P. for the State. *** This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Shri Anil Kumar, Advocate on behalf of the applicant Nitin Sharma pertaining to F.I.R. No. 130/2009 of police station Civil Lines, Ajmer, in the offences under Sections 120-B, 224 and 225 of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the Kallu @ Kuldeep @ Nandu S/o Babu Lal who fled from the custody of police in transit from Ajmer to Kota, has been arrested and now in judicial custody. The learned trial Court has recorded the statements of some prosecution witnesses, but the witnesses have not stated anything against the petitioner Nitin Sharma. The offences under Section 224 and 225 of IPC are triable by the Court of Judicial Magistrate First Class. The petitioner has been in custody for quite a -2- long time and the trial of the case is likely to take time, hence, in the light of the fact that the absconding accused Kallu @ Kuldeep @ Nandu has been arrested, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has albeit opposed the bail petition, but fairly conceded that the accused Kallu @ Kuldeep @ Nandu who was involved in a case of murder punishable under Section 302 of IPC, has been arrested by the police and now he is in custody. 5. Having considered the submissions made at the bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case and in the changed fact situation, feel inclined to grant indulgence of bail to the petitioner and his third bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Nitin Sharma S/o Shri Suresh Kumar in F.I.R. No. 130/2009 of police station Civil Lines, Ajmer, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Pcg