Allowed

Bhanwar Lal v. State

Rajasthan HC5 Oct 2021CRLMB/13771/2021

Case brief

AI extract

What is this about?

In a second bail application, the High Court at Jodhpur released the petitioner on bail after the charge-sheet was filed. The court considered the simplicity of injuries, the duration of custody, and estimated trial length, granting bail without commenting on case merits.

What did the court decide?

The petitioner was released on bail via a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Bhanwar Lal 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 Misc. second Bail Application No. 13771/2021

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Bhanwar Lal S/o Shri Teja Ram, Aged About 50 Years, B/c Jat, R/o Siyol Nagar, Police Station Bhojasar, Tehsil Bapini, District Jodhpur.

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(Presently Lodged at Sub Jail, Phalodi, District Jodhpur)

----Petitioner

Versus

State through PP

----Respondent

For Petitioner(s) : Mr. D.L. Motsra & Mr. Anada Ram For Respondent(s) : Mr. Mukhtiyar Khan, PP

¶10

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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05/10/2021

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The present second 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.83/2021, Police Station Bhojasar, District Jodhpur, registered for the offences punishable under Sections 447, 324, 307 and 120B of IPC and Section 3/25 of Arms Act.

¶14

Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that at the time of rejection of the first bail application, vide order dated 27.08.2021,

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(2 of 3)

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[CRLMB-13771/2021]

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liberty was granted to the accused-petitioner that he can file fresh bail application after filing charge-sheet; now, charge-sheet has been filed. Learned counsel further stated that none of injuries have been found dangerous to life and grievous in nature on vital part of the body; all the three injuries of the injured - Bhanwari Devi are simple in nature; there is no injury which is sufficient to constitute for the offence punishable under Section 307 of IPC; petitioner is behind the bars since last three and half months; trial will take time. With these submissions, learned counsel for the petitioner prays that benefit of bail may be granted to the petitioner.

¶19

Per contra, learned Public Prosecutor opposed the bail application and stated that injury No.1 is found on occipital region of the injured Bhanwari Devi but not controverted this fact that the said injury is simple in nature.

¶20

Having regard to the facts and circumstances of this case, particularly to the facts that none of the injury found grievous in nature on vital part of the body; accused-petitioner is behind the bars since last three and half months; charge-sheet has been filed and trial of the case will take sufficiently long 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 – Bhanwar Lal S/o Shri Teja Ram , arrested in connection with F.I.R. No.83/2021, Police Station Bhojasar, District Jodhpur , shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of

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(3 of 3)

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[CRLMB-13771/2021]

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Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the 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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(DEVENDRA KACHHAWAHA),J

¶26

156-Arvind/-

Bhanwar Lal v. State

Case brief

What is this about?

What did the court decide?

Bhanwar Lal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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