Allowed

Mukesh @ Bablu v. State

Rajasthan HC24 Aug 2021CRLMB/10818/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Court granted bail to the petitioner who was in judicial custody. The Court noted that the injury was not dangerous to life and the trial would take time, allowing bail subject to furnishing surety bonds.

What did the court decide?

Accused released on bail with personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each, conditional on appearance before trial Court.

Mukesh @ Bablu Vs State — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10818/2021

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Mukesh @ Bablu S/o Shri Babru, Aged 40 Years, R/o Near Masjid Kachi Basti, Nimbaheda, Chittorgarh, Raj. (At Present Lodged In District Jail Chittorgarh)

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----Petitioner

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Versus

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State of Raj., Through PP

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----Respondent

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For Petitioner(s) For Respondent(s)

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: Mr. Ramesh Chandra Purohit : Mr. A.R. Chaudhary, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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24/08/2021

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.246/2021, Police Station Kotwali Nimbaheda, District Chittorgarh, registered for the offences under Sections 341, 323, 326, 307 of IPC.

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Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that none of the injury is found dangerous to life; petitioner is behind the bars since 09.05.2021; charge-sheet has been filed; and the trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

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(2 of 2)

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[CRLMB-10818/2021]

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Per contra, learned Public Prosecutor stated that single stab wound on the stomach of injured has been found, which is grievous in nature. Therefore, benefit of bail may not be granted to the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly to the fact that there is single stab wound having size of .1x.5 and there is no repetition of blows; injury is not declared as dangerous to life; charge-sheet has been filed; and the trial will take time, therefore without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner Mukesh @ Bablu S/o Shri Babru, arrested in connection with F.I.R. No.246/2021, Police Station Kotwali Nimbaheda, District Chittorgarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- and 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.

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(DEVENDRA KACHHAWAHA),J

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84-amit/-

Mukesh @ Bablu v. State

Case brief

What is this about?

What did the court decide?

Mukesh @ Bablu v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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