Allowed

Pradeep v. State

Rajasthan HC18 Nov 2021CRLMB/11208/2021

Case brief

AI extract

What is this about?

This bail application was allowed by the High Court of Rajasthan. The petitioner, charged with offences including attempted murder and assault, was granted bail despite a medical opinion stating the injury was life-threatening. The court found no specific evidence attributed the injury to the petitioner and deemed it just and proper to grant bail subject to a personal bond.

What did the court decide?

Petitioner released on bail in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each.

Pradeep 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. 11208/2021

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Pradeep S/o Vijay Singh, Aged About 27 Years, R/o Kalri, Tehsil Rajgarh, Dist. Churu, Rajasthan. (At Present Lodged In Sub Jail, Rajgarh).

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)	: Mr. Vikas Bijarnia
For Respondent(s)	: Mr. Mukhtiyar Khan,PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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18/11/2021

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in connection with FIR No.90/2021 of Police Station Hameerwas, Distt. Churu for the offences punishable under Sections 307, 323, 341 & 504 IPC. He has preferred this bail application under Section 439 Cr.P.C.

¶14

Learned counsel for the petitioner submitted that the dispute has arisen out of a family brawl and now the charge-sheet has been filed. As per the statement of injured Kailash, his head injury is not attributed to the present petitioner. Counsel for the petitioner further submitted that as per statements of witness Khem Karan injury caused to Kailash is attributed to one Kamlesh and not to the petitioner.

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(2 of 2)

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[CRLMB-11208/2021]

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Counsel for the petitioner also submitted that as per the opinion of the Medical Jurist, the alleged injury has been said to be “The injury can be considered as dangerous to life”. The conclusion of trial may take its own time. Therefore, he prays to enlarge the petitioner on bail.

¶18

Learned Public Prosecutor has opposed the bail application. However, has not controverted the arguments advance by counsel for the petitioner.

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Having regard to the totality of the facts and circumstances of the case, looking to the fact that there is no specific evidence to attribute the injury to the petitioner and considering the opinion of Medical Jurist and also the submission of charge sheet in the matter, without expressing any opinion on merits of the case, this Court deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Pradeep S/o Vijay Singh shall be released on bail in connection with FIR No.90/2021 of Police Station Hameerwas, Distt. Churu provided he executes 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(SUDESH BANSAL),J

¶22

20-Anshul/-

Pradeep v. State

Case brief

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What did the court decide?

Pradeep v. State

Case brief

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