This bail application allowed under Section 439 Cr.P.C. finds the accused released on personal bond and surety due to no specific role assigned for causing injury, suggesting over-implication.
Release on bail with a personal bond of Rs.50,000/- and one surety of alike amount to the satisfaction of the trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16829/2021
Mukesh S/o Ramdev, R/o Ralavta Ps Todaraisingh Dist. Tonk (At Present Accused Petitioner Confined In Dist. Jail Tonk)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr.RR Goyal For Respondent(s) : Mr.Prashant Sharma, Public Prosecutor
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
26/10/2021
The present bail application has been filed under Section 439 Cr.P.C.
Learned counsel for the accused-petitioner submitted that the complainant has not assigned any specific role to the present accused-petitioner in respect of any injury caused on the injured, namely, Bhanwarlal, Samwar Mal, Kismat, Rekha and Asha Ram.
Learned counsel submitted that specific allegation is levelled on the other co-accused for causing injury, thus the accusedpetitioner cannot be said to be involved in the incident and it is a case of over implication.
Learned Public Prosecutor has opposed the bail application.
This Court, considering the fact that no specific role has been assigned to the accused-petitioner for causing injury and without
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[CRLMB-16829/2021]
expressing any opinion on the merits of the case, deems it just and proper to release the accused-petitioner on bail.
Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mukesh S/o Ramdev shall be released on bail in connection with FIR No.408/2020 registered at Police Station Todaraisingh, District Tonk provided he furnishes a personal bond in the sum of Rs.50,000/- with one surety of alike amount to the satisfaction of trial Court for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
(ASHOK KUMAR GAUR),J
Preeti Asopa /43
2 issues framed by the court
Whether the accused-petitioner qualifies for bail under Section 439 Cr.P.C. given the lack of specific role assignment regarding injuries to the victims.
Whether the application is a case of over-implication warranting release on bail.
1 provisions across 1 enactments
Mukesh S/o Ramdev
State Of Rajasthan, Through PP
AShok kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
