Partly allowed

Tota and Ors. v. State of Rajasthan through P P

Rajasthan HC19 May 2017CRLMB/6713/2017

Case brief

AI extract

What is this about?

This order grants anticipatory bail to seven petitioners facing charges of assault and public nuisance. The court partly allowed the petition, admitting them to bail upon arrest subject to joining the investigation and adhering to reporting conditions. Petitioner No. 3's petition was withdrawn.

What did the court decide?

Petitioners Nos. 1, 2, 4 to 7 admitted to bail if arrested, subject to joining investigation, not leaving the country, and not tampering with evidence.

Tota and Ors. Vs State of Rajasthan through P P — Bail and Remand | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail No. 6713 / 2017

¶3

Tota S/o Neeburam B/c Jogi, R/o Village Barkheda, PS Malakheda, District Alwar, Raj.

¶4

Chhotelal S/o Ummedi B/c Jogi, R/o Village Barkheda, PS Malakheda, District Alwar, Raj.

¶5

Turra S/o Ummedi B/c Jogi, R/o Village Barkheda, PS Malakheda, District Alwar, Raj.

¶6

Khillu S/o Ummedi B/c Jogi, R/o Village Barkheda, PS Malakheda, District Alwar, Raj.

¶7

Subani W/o Chhotelal B/c Jogi, R/o Village Barkheda, PS Malakheda, District Alwar, Raj.

¶8

Sukka S/o Ummedi B/c Jogi, R/o Village Barkheda, PS Malakheda, District Alwar, Raj.

¶9

Sher Singh S/o Masyaram B/c Jogi, R/o Village Barkheda, PS Malakheda, District Alwar, Raj.

¶10

----Petitioners

¶11

Versus

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State of Rajasthan Through P.P.

¶13

----Respondent

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For Petitioner(s) : Mr. S.S. Sunda, Adv.

¶15

For Respondent(s) : Mr. A.D. Khan, Public Prosecutor

¶16

HON'BLE MRS. JUSTICE SABINA

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Order

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19/05/2017

¶19

Petitioners have filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 114/2017 registered at Police Station Malakhera, Distt. Alwar (Raj.) for offences under Sections 143, 323, 341, 451, 354, 308 and 298 of Indian Penal Code, 1860.

¶20

(2 of 2)

¶21

[CRLMB-6713/2017]

¶22

Learned counsel for the petitioners submits that he may be permitted to withdraw the petition qua petitioner No. 3, Turra S/o Ummedi.

¶23

Ordered accordingly.

¶24

Heard qua petitioners Nos. 1, 2, 4 to 7.

¶25

Learned counsel for the petitioners has submitted that no specific overt act is attributed to petitioner Nos. 1, 2, 4 to 7. It is a case of version and cross version. Parties are neighbours and all the family members have been involved in this case. Two persons had suffered fracture of their skull from the petitioners' side. At one stage parties had amicably settled their dispute. However, petitioners are ready to join investigation.

¶26

Learned State Counsel has opposed the petition.

¶27

Keeping in view the facts and circumstances of the case, and without expressing any opinion on merits of the case, this petition is partly allowed. In the event of arrest, petitioners Nos. 1, 2, 4 to 7 be admitted to bail subject to the satisfaction of the Arresting Officer. Petitioners Nos. 1, 2, 4 to 7 shall join investigation as and when required by police and shall not leave the country without permission of the court. Petitioners Nos. 1, 2, 4 to 7 shall not tamper with the prosecution evidence.

¶28

(SABINA) J.

¶29

A.Kumar/11

Tota and Ors. v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

Tota and Ors. v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

What the court decided

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