Partly allowed

Ramchandra S/O Ghasilal v. State of Rajasthan

Rajasthan HC14 Feb 2020CRLMB/634/2020

Case brief

AI extract

What is this about?

The court dismissed the bail application of petitioner No. 2 as infructuous due to his arrest. It allowed the anticipatory bail application of petitioner No. 1 under Section 438 Cr.P.C., directing his release on a personal bond of Rs. 50,000 with two sureties on specific conditions.

What did the court decide?

Bail application of petitioner No. 2 dismissed. Anticipatory bail of petitioner No. 1 allowed on bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Ramchandra S/O Ghasilal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 634/2020

¶4

Ramchandra S/o Ghasilal, B/c Gurjar R/o Ward No 2 Janta Todi Mangrol Ps Mangrol Dist. Baran Raj.

¶5

Balmukand S/o Ramchandra, B/c Gurjar R/o Ward No 2 Janta Todi Mangrol Ps Mangrol Dist. Baran Raj.

¶6

----Petitioners

¶7

Versus

¶8

State Of Rajasthan, Through Pp

¶9

		----Respondent
For Petitioner(s)	: Mr. Jagdish Nagar
For Respondent(s)	: Mr. Pankaj Agrawal, PP

¶10

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

¶11

Order

¶12

14/02/2020

¶13

Learned counsel for the petitioner submits that petitioner No.2 Balmukund S/o Ramchandra has been arrested by the Policed. Therefore, the anticipatory bail application of petitioner No.2 Balmukund rendered as infructuous.

¶14

In view of above, the bail application of petitioner No.2 Balmukund S/o Ramchandra is dismissed as having infructuous.

¶15

So far as bail application filed by the petitioner No.1 Ramchandra S/o Ghasilal is concerned.

¶16

This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.249/2019 registered at P.S. Mangrol, District Baran for the offences mentioned therein against the petitioner, whereupon the investigation was commenced. Apprehending arrest, the petitioner moved bail application before

¶17

(2 of 3)

¶18

the court below, which was dismissed. Hence, this bail application has been filed.

¶19

Learned counsel submits that the petitioner has falsely been implicated in this case. He is senior citizen and he has not participated in the assault. No offence under Section 308 of IPC is made out against the present petitioner No.1 Ramchandra.

¶20

Learned Public Prosecutor has opposed the bail application. Heard learned counsel for the petitioner No.1, learned Public Prosecutor and perused the material made available on record.

¶21

Taking into consideration the submissions advanced by the learned counsel for petitioner No.1, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the petitioner.

¶22

Therefore, this bail application in respect of petitioner No.1 filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioner No.1 Ramchandra S/o Ghasilal in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the S.H.O/I.O of the concerned Police Station on the following conditions:

¶23

i) That the petitioner/s shall make himself/herself/themselves available for interrogation before the police officer, as and when required;

¶24

ii) That the petitioner/s 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/her/them from disclosing such facts to the court or to any police officer;

¶25

(3 of 3)

¶26

iii) That the petitioner/s shall not leave India without prior permission of the court;

¶27

iv) That the petitioner/s shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.

¶28

(GOVERDHAN BARDHAR),J

¶29

TN/88

Ramchandra S/O Ghasilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramchandra S/O Ghasilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hari Singh Beniwal S/O Nokram B/C Jat Vs State of Rajasthan

Ramswaroop S/O Ramnarayan Vs State of Rajasthan

Naresh Son of Janak Singh Vs State of Rajasthan

Mitthu Singh S/O Chiranji B/C Gurjar Vs State of Rajasthan

Kedar S/O Harsahay Meena Vs State of Rajasthan

Iqbal Shah S/O Shokat Shah B/C Musalmaan Vs State of Rajasthan