Subhash v. State
Case brief
What is this about?
This court allowed bail to the petitioner, Subhash, arrested under Sections 307, 323, 147, 148, and 149 IPC. Considering the circumstances, the court deemed it just and proper to release him on personal bond and two sureties.
What did the court decide?
Petitioner released on bail providing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
What the court decided
[ 1 ]
S.B.CRIMINAL MISC. BAIL APPLICATION NO.3200/2014
(Subhash Vs. State of Rajasthan)
Date of order : : 01-05-2014
HON’BLE MS.JUSTICE NIRMALJIT KAUR
Mr. M.K. Garg, for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Mr. Jitendra Ojha, for the complainant.
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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.115/2014, Police Station Hanumangarh Junction for the offence under Section 307, 323, 147, 148, 149 IPC.
The allegation in the FIR is that Rohitash inflicted injury on the head and after receiving the injury, injured Raja Ram fell down. Thereafter, all the other accused started beating him with Lathies.
Learned counsel for the State and the complainant while opposing the bail submitted that Lathi has been recovered from the present petitioner. However, perusal of the injury report shows that there is only one injury which is on the head and the said injury is attributed to Rohitash. There is no other injury. The second part of the allegation that all the others inflicted injuries with their respective Lathies is stated to be doubtful.
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C.
Whether the allegations in the FIR warrant refusal of bail.
What conditions are necessary for the release of the petitioner on bail.
Parties & counsel
- petitioner
Subhash
- respondent
State of Rajasthan
Coram
NIRMALJIT KAUR
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CRLMB/3200/2014
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