In this bail application, the High Court of Rajasthan granted bail to Ladu Ram, arrested under Sections 148, 302/149 IPC, allowing release on a personal bond with sureties upon perusal of the material on record.
Petitioner released on bail via personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2011/2021
Ladu Ram S/o Likhma Ram, Aged About 51 Years, Village Kudi, Police Station Bhopalgarh, District Jodhpur. (At Present Lodged In District Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Vinod Sharma For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
09/07/2021
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.155/2018 of Police Station Bhopalgarh, District Jodhpur for the offences punishable under Sections 148, 302 or 302/149 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that after rejection of the second bail application of the petitioner on 17.09.2020, statements of some prosecution witnesses have been recorded before the trial court. It is submitted that the police, in the charge-sheet, have concluded that it was Dinesh and Ashok Dudi, who inflicted injuries on the head of the deceased, which resulted into his death. It is submitted that though some of the eye-witnesses PW-3, PW-8 and PW-15 have alleged that petitioner
(2 of 2) [CRLMB-2011/2021]
was involved in assault of Shyam Sundar, but the evidence of the eye-witnesses is contrary to the result of the charge-sheet filed by the police. It is also submitted that as a matter of fact, the incident took place at the spur of moment in a school, where some tournament was going on and on account of dispute between the rivals, stone pelting took place, in which, deceased received injury on his head. It is also submitted that the petitioner is in judicial custody since long and trial of the case will take time.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ladu Ram S/o Likhma Ram shall be released on bail in connection with FIR No.155/2018 of Police Station Bhopalgarh, District Jodhpur 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.
(VIJAY BISHNOI),J
177-Taruna/-
1 issue framed by the court
Whether bail should be granted to the petitioner in the appeal under Section 439 CrPC.
1 provisions across 1 enactments
Ladu Ram S/o Likhma Ram
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
