This order grants bail to eleven petitioners charged under IPC Sections 147, 148, 149, 302, and 307 for offences connected to a settlement of parties where prosecution witnesses did not support the prosecution story.
Petitioners released on bail with personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14326/2019
----Petitioners
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 12097/2019 Shiv Lal @ Shiva S/o Shambhu Lal Meena, Aged About 40 Years, R/o Dotad, Suhagpura, Dist. Pratapgarh, Rajasthan. (Presently Lodged In District Jail, Pratapgarh)
----Petitioner
Versus
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 13004/2019
Shambhu Lal S/o Dulji Meena, Aged About 60 Years, R/o. Dotad, Tehsil Suhagpura, District Pratapgarh. (At Present Lodged At District Jail Pratapgarh).
----Petitioner
Versus
(2 of 4)
[CRLMB-14326/2019 a/w connected matters]
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 13005/2019 Labhchand S/o Dulji Meena, Aged About 60 Years, R/o. Dotad, Tehsil Suhagpura, District Pratapgarh. (At Present Lodged At District Jail Pratapgarh).
----Petitioner
Versus
State of Rajasthan
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 14327/2019
Shri Bajrang S/o Jivraj Meena, Aged About 32 Years, R/o. Dotad, Police Station Shuhagpura, District Pratapgarh. (At Present In District Jail Pratapgarh).
----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. R. K. Charan Mr. Abhishek Charan (In CRLMB Nos.14326/2019, 13004/2019 & 13005/2019) Mr. Vikram Singh Rajpurohit (In CRLMB No.12097/2019) Mr. Neeraj Kumar Gurjar (In CRLMB No.14327/2019) For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA assisted by Mr. Anda Ram Choudhary, PP Mr. Shambhoo Singh Rathore (In CRLMB No.12097/2019) for complainant
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
25/11/2019
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in
(3 of 4) [CRLMB-14326/2019 a/w connected matters]
connection with F.I.R. No.100/2019, Police Station Suhagpura, District Pratapgarh for the offence under Sections 147, 148, 149, 323, 325, 307 & 302 of IPC.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioners submit that the material witnesses who have been examined before the learned trial Court have not supported the prosecution story, this fact is not disputed by the learned counsel for the complainant.
Learned counsel for the petitioners, therefore submit that in the wake of the statements made before the learned trial Court more or less, the matter has been settled between the parties. He further submits that the deceased (Laxman) suffered only a single injury and there is no intention to cause death. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.
The learned Additional Advocate General-cum-Government Advocate as well as learned Public Prosecutor oppose the bail applications.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, the bail applications are allowed. It is ordered that the accused-petitioners (1)Ganesh Lal S/o Ram Lal Meena, (2)Shanti Lal Meena S/o Laluram Meena, (3)Manish S/o Mohan Lal Meena, (4)Ishwar Lal S/o Kanhaiya Lal Meena, (5)Dinesh @ Dilesh
(4 of 4)
[CRLMB-14326/2019 a/w connected matters]
S/o Manna Lal Meena, (6)Nana Lal S/o Vesta Meena, (7)Shanti Lal S/o Wala Meena, (8)Shiv Lal @ Shiva S/o Shambhu Lal Meena, (9)Shambhu Lal S/o Dulji Meena, (10)Labhchand S/o Dulji Meena, & (11) Shri Bajrang S/o Jivraj Meena arrested in connection with F.I.R. No.100/2019, Police Station Suhagpura, District Pratapgarh shall be released on bail; provided they furnish a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(VINIT KUMAR MATHUR),J
114-118 SunilS/-
1 issue framed by the court
Whether the petitioners incarcerated in connection with FIR No.100/2019 are entitled to bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Ganesh Lal S/o Ram Lal Meena
Shanti Lal Meena S/o Laluram Meena
Manish S/o Mohan Lal Meena
Ishwar Lal S/o Kanhaiya Lal Meena
Dinesh @ Dilesh S/o Manna Lal Meena
Nana Lal S/o Vesta Meena
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
