Allowed

Hansraj v. State of Rajasthan through Pp

Rajasthan HC5 Dec 2014CRLMB/12242/2014

Case brief

AI extract

What is this about?

The Court allowed the petitioner's bail application under Section 438 CrPC without expressing an opinion on the merits of the case. It directed the SHO to enlarge the petitioner on bail upon furnishing a personal bond and a surety, subject to specific conditions.

What did the court decide?

Bail allowed; petitioner to furnish personal bond of Rs.25,000/- with one surety in equity bound under specific conditions.

Hansraj Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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ORDER

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SB Cr Misc Bail Application No.12242/2014 Hansraj versus State of Rajasthan through PP

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5.12.2014

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HON'BLE MR JUSTICE MN BHANDARI

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Mr Ashwin Garg - for the petitioner Mr Aladeen Khan, PP – for the State

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BY THE COURT:

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Learned counsel for petitioner submits that not only there exist cross FIR but first FIR was lodged by the petitioner party and thereafter by the complainant. The allegation for causing grievous hurt is on Pooran and not against the petitioner. The case of Pooran is distinguishable than the petitioner. The allegation is that petitioner was having lathi and if the case is considered in totality, offence is made out beyond section 323 IPC only. The prayer is made to grant bail to the petitioner under section 438 CrPC.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the

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case, which may otherwise affect outcome of the trial, I allow this bail application under Section 438 CrPC. Therefore, the SHO/IO of the Police Station – Kotwali, Sawai Madhopur is directed that in the event of arrest of the petitioner/s Hansraj in FIR No. 413/2014 registered for offence under Section/s 341, 323, 354 and 326 IPC, he shall enlarge him/her/them on bail provided he/she/each of them furnishes a personal bond in the sum of Rs.25,000/- with one surety in the like amount to his satisfaction on the following conditions:-

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(i)He/She/They shall make himself/herself/themselves available for interrogation by Investigating Officer as and when required;

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(ii)He/She/They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

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(iii)He/She/They shall not leave India without previous permission of the Court.

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(iv) He/She/They shall not commit same and similar offence during the period of bail.

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(MN Bhandari), J.

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bnsharma

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All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.

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(BN Sharma)

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PS-cum-JW

Hansraj v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Hansraj v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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