Allowed

Balwanta Ram v. State of Rajasthan

Rajasthan HC20 Dec 2021CRLMB/17104/2021

Case brief

AI extract

What is this about?

The High Court allowed a second bail application filed by Balwanta Ram for offences under IPC Sections 307, 439 Cr.P.C. regarding disputes involving assault and attempt to murder. The court found no grounds to continue custody and granted bail against a personal bond with sureties.

What did the court decide?

Petitioner released on bail in connection with FIR No. 126/2020 on execution of a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Balwanta Ram Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2021)

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[CRLMB-17104/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II Bail Application No. 17104/2021

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Balwanta Ram S/o Chhoga Ram, Aged About 30 Years, Bagsadi, Sarwana Police Station, Dist. Jalore. (Lodged In Sub Jail, Sanchore).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Teja Ram
For Respondent(s)	: Mr.	Gaurav Singh,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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20/12/2021

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The petitioner has been arrested in connection with FIR No. 126/2020 of Police Station Sarwana, District Jalore for the offences punishable under Sections 341, 323, 324, 326, 307 & 379/34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that in the statement of injured Hanumana Ram, in his cross-examination, he has mentioned only the name of Ganpat, Khetaram and Bhelaram. It is also contended that in cross-examination, nowhere Balwanta Ram's name has been mentioned, in fact the only place where Balwanta Ram has been mentioned is that he helped the injured witness to remove the thorns from the road.

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Learned counsel for the petitioner further submits that there are no previous antecedent of the present petitioner. It is also

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[CRLMB-17104/2021]

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contended that charge-sheet has already been filed and investigation has already been completed.

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Learned Public Prosecutor has opposed the bail application.

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This Court, on reading the learned trial court's statement rendered by Hanumana Ram as PW-1, particularly, the crossexamination, is not inclined to continue the custody of the present petitioner.

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Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and 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.

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Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Balwanta Ram S/o Chhoga Ram shall be released on bail in connection with FIR No. 126/2020 of Police Station Sarwana, District Jalore 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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(DR.PUSHPENDRA SINGH BHATI),J.

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113-Sudheer/-

Balwanta Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balwanta Ram v. State of Rajasthan

Case brief

What is this about?

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