Allowed

Anil v. State

Rajasthan HC20 Nov 2021CRLMB/14916/2021

Case brief

AI extract

What is this about?

This High Court granted bail to the petitioner arrested under various IPC provisions. The court noted the length of custody, lack of specific allegations, and inability of the prosecution to controvert counsel's arguments on perusing the case diary, deeming it just and proper to release the accused.

What did the court decide?

Petitioner released on bail on executing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each each.

Anil Vs State — Bail and Remand | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 14916/2021 Anil S/o Ramniwas, Aged About 28 Years, Inana, At Present Resident At Deep Colony, Nagaur At Present District Jail Nagaur

----Petitioner

Versus

State, Through PP

----Respondent

For Petitioner(s)	:	Mr. Vinod Kumar Sharma
For Respondent(s)	:	Mr. Shrawan Bishnoi, PP
		Mr. VijayBishnoi,for complainant

¶8

HON'BLE MR. JUSTICE SUDESH BANSAL Order

¶9

20/11/2021

¶10

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

¶11

The petitioner has been arrested in connection with FIR No.359/2021 of Police Station Kotwali, District Nagaur for the offences punishable under Sections 143, 341, 323, 307, 365, 395 & 427 IPC. He has preferred this bail application under Section 439 Cr.P.C.

¶12

Learned counsel for the petitioner submits that the statements of injured Kalu Ram and Sohan Ram are not in terms as per the allegations levelled in the FIR and no specific allegation against the present petitioner has been levelled. Learned counsel further submits that the injuries are not dangerous to life and there are no allegation that the petitioner caused any injury by the sword. Learned counsel for the petitioner submits that the

¶13

(2 of 2)

¶14

[CRLMB-14916/2021]

¶15

petitioner is in custody since long and the conclusion of investigation/trial may take its own time, therefore, petitioner may be enlarged on bail.

¶16

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. However, upon perusal of the case diary, the learned Public Prosecutor is not in a position to controvert the arguments of learned counsel for the petitioner.

¶17

Having regard to the totality of the facts and circumstances of the case, and particularly looking to the fact that there are no allegation that petitioner caused any injury by the sword and the petitioner is in custody since long and the conclusion of investigation/trial may take its own time, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶18

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Anil S/o Ramniwas shall be released on bail in connection with FIR No.359/2021 of Police Station Kotwali, District Nagaur 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.

¶19

(SUDESH BANSAL),J

¶20

31-AnilKC/-

Anil v. State

Case brief

What is this about?

What did the court decide?

Anil 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

Coram

Case details

Similar cases

Pradeep Vs State

Chaina Ram Vs State

Chagan Lal Vs State of Rajasthan

Goreya Vs State

Rahul Vs State of Rajasthan

Sonu @ Shohan Vs State of Rajasthan