This single judge criminal miscellaneous bail application allowed the petitioner's bail plea under Section 439 Cr.P.C. based on the totality of facts that the specific allegation of grievous injury by sword was lodged against a co-accused, not the petitioner.
Petitioner released on bail by executing a personal bond in a sum of Rs.50,000 with two sufficient sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9245/2019
Vikram Singh S/o Shri Udai Singh, Aged About 28 Years, P.s. Gogunda, District Udaipur. (Presently Lodged At District Jail Udaipur).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. B.S. Mertiya For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/08/2019
Heard learned counsel for the parties and perused the material on record.
The petitioner(s) has/have been arrested in FIR No.230/2019 of Police Station Gogunda, Distt. Udaipur for the offences punishable under Sections 341, 324 and 326/34 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation of inflicting injury by sword is against co-accused Lalit Singh. It is further submitted that the petitioner accompanied coaccused Lalilt Singh at the time of incident.
Learned Public Prosecutor has opposed the bail application(s).
Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the
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[CRLMB-9245/2019]
allegation of inflicting grievous injury by sword is against coaccused Lalit Singh, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Vikram Singh S/o Shri Udai Singh shall be released on bail in connection with FIR No.230/2019 of Police Station Gogunda, Distt. Udaipur provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
77-msrathore/-
1 issue framed by the court
Whether bail should be granted to the accused petitioner in the given circumstances.
1 provisions across 1 enactments
Vikram Singh
State
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
