Allowed

Mahesh Son of Bhagwan Singh, by Caste Gurjar v. State of Rajasthan

Rajasthan HC13 Feb 2020CRLMB/919/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to two applicants under Section 438 Cr.P.C. in relation to an FIR under 308 IPC. The Court held that injuries were simple in nature but did not express an opinion on the merits of the case. Bail was granted subject to specific conditions including the furnishing of a bond and sureties.

What did the court decide?

Anticipatory bail granted. Applicants directed to be released on personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each upon arrest.

Mahesh Son of Bhagwan Singh, by Caste Gurjar Vs State of… — Anticipatory Bail | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 919/2020

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Mahesh Son Of Bhagwan Singh, By Caste Gurjar, Resident Of Kotki Police Station Busawar, District Bharatpur (Raj.)

¶4

Govind Son Of Kalua, By Caste Gurjar, Resident Of Shergarh, Police Station Bayana, District Bharatpur, (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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	----Respondent
For Petitioner(s)	: Mr. Anil Upman
For Respondent(s)	: Mr. Sher Singh Mahla, P.P.
	Mr. Azad Ahmed, for the complainant.

¶9

HON'BLE MRS. JUSTICE GOVERDHAN BARDHAR

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Order

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13/02/2020

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.466/2019 registered at P.S. Busawar, District Bharatpur for the offences mentioned therein against the applicants, whereupon the investigation was commenced. Apprehending their arrest, the applicants moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

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Heard learned counsel for the applicants as well as learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the applicants submits that there is cross cases between the parties and applicant Nirdesh has received grievious injury in the incident and offence of 308 IPC is not made out.

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(2 of 2)

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[CRLMB-919/2020]

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On the other hand, learned Public Prosecutor and counsel for the complainant have opposed the bail application.

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Taking into consideration the submissions advanced by the learned counsel for applicant/s, note of the allegations levelled against the applicant/s as also looking to the facts and circumstances of the case and as per injury report injured sustained injuries, which are simple in nature, 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 applicant/s.

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Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of applicants-Mahesh Son Of Bhagwan Singh and Govind Son Of Kalua, in the aforesaid FIR, each of them shall be released on bail by the concerned SHO/Investigating Officer, provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions:

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i) That the applicants shall make themselves available for interrogation before the police officer, as and when required;

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ii) That the applicants 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 from disclosing such facts to the court or to any police officer;

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iii) That the applicants shall not leave India without prior permission of the court;

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iv) That the applicants shall not commit any offence similar to the offence of which he is accused or suspected.

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pcg/79

Mahesh Son of Bhagwan Singh, by Caste Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahesh Son of Bhagwan Singh, by Caste Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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