Rajasthan High Court single bench of Hon'ble Justice Arun Bhansali has upheld the bail application of Manish Khatri, a Director of Indira IVF, based out of Udaipur.

The Criminal Miscellaneous Bail application, submitted by the petitioner Manish Khatri was earlier put up before another bench on 16 August by the single bench of Justice Devendra Kacchawaha, which was transferred to the bench of Hon’ble Justice Arun Bhansali.

The bail application of Manish Khatri was represented by Sr. Advocate Viram Choudhri. The bench of Hon’ble Justice Arun Bhansali, taking into cognizance the circumstances of the case, without expressing any opinion on the merits of the case, accepted the bail application of Manish Khatri, who is currently lodged in Central Jail, Udaipur.

As per the High Court order, the accused-applicant Manish Khatri, who was arrested in connection with an FIR filed in Bhupalpura Police Station, Udaipur has been allowed bail on a personal bond of Rs. 50,000, with two sureties of Rs 25,000.

Why another Bail application?

The FIR, which was filed at Bhupalpura Police station by an employee of Indria IVF Udaipur, had accused Manish Khatri and Ashish Lodha, Directors of Indira IVF of physical attack in June 2020.

Once the FIR was lodged, the police, on investigation, submitted a report, classifying the act under sections 341, 342, 323, 506/34 of the Indian Penal Code. Once the Challan was filed, the accused Manish Khatri submitted a bail application under Section 437.

Later, the complainant filed another application challenging the investigation and submitted that Manish also be charged under Section 308 (Abetment to Culpable Homicide).

The session court took cognizance of the submission and Manish was also charged under Section 308, after which his bail under section 437 was cancelled. The second application for bail under Section 439 filed by the accused was also rejected by the court.

As per the submission made by the accused in the Rajasthan High Court, there was no reason to keep the applicant in judicial custody as the challan had already been filed and the trial would take its own time. This application, seeking release on bail was opposed by the Public Prosecutor and counsel appearing for the complainant.

The Rajasthan High Court, in its order dated 26 August 2021, however, allowed the application and has permitted Bail of Manish Khatri under Section 439.

Information on the proceedings have been taken solely from the Order uploaded on the Rajasthan High Court portal