Allowed

Tejpal Singh v. State

Rajasthan HC10 Mar 2021CRLMB/2098/2021

Case brief

AI extract

What is this about?

The High Court allowed a second bail application filed by two petitioners accused of offences under IPC Sections 341, 323, 324, 325, 326, and 307. The Court granted bail despite the filing of the charge-sheet, emphasising the absence of firearm usage and lack of antecedents, while retaining the option for the State to seek bail cancellation if new threats emerge.

What did the court decide?

The petitioners were released on bail by executing a personal bond of Rs.50,000/- with two solvent sureties of Rs.25,000/each.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Miscellaneous Second Bail Application No.

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2098/2021

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Tejpal Singh S/o Narayan Singh, Aged About 28 Years, R/o Bansda, Police Station Nathdwara, Dist. Rajsamand. (Presently Lodged In District Jail, Rajsamand).

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Kundan Singh S/o Narayan Singh, Aged About 26 Years, R/o Bansda, Police Station Nathdwara, Dist. Rajsamand. (Presently Lodged In District Jail, Rajsamand).

----Petitioners

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Shah For Respondent(s) : Mr. SK Bhati, PP Mr. Kuldeep Singh Kumpawat

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/03/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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This Court perused the material available on record.

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The petitioners have been arrested in connection with FIR No. 308/2020 of Police Station Nathdwara, District Rajsamand for the offences punishable under Section 341, 323, 324, 325, 326, 307 & 34 of IPC. They have preferred this second bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that there are cross cases and challan has been filed against the present complainant also under Section 325 of IPC.

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(2 of 3) [CRLMB-2098/2021]

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Learned counsel for the petitioner further submits that no firearm was used in the alleged incident. Learned counsel for the petitioner further submits that there are no antecedents of the present petitioners.

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Learned counsel for the petitioner further submits that the medical report shown by the learned Public Prosecutor does not suggest any hospitalization at present. It is also contended that charge-sheet has already been filed in this case.

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Learned Public Prosecutor and learned counsel for the complainant oppose the bail application.

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Having regard to the totality of the facts and circumstances of the case as also the fact that charge-sheet has already been filed and 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 petitioners (1) Tejpal Singh S/o Narayan Singh and (2) Kundan Singh S/o Narayan Singh shall be released on bail in connection with FIR No. 308/2020 of Police Station Nathdwara, District Rajsamand provided each of them execute 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. However, in case any kind of threat is reported by the complainant and corroborated by the investigating officer, the learned Public

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(3 of 3)

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[CRLMB-2098/2021]

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Prosecutor and learned counsel for the complainant shall be free to move an application for bail cancellation.

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(DR.PUSHPENDRA SINGH BHATI),J.

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98-Sudheer/-

Tejpal Singh v. State

Case brief

What is this about?

What did the court decide?

Tejpal Singh v. State

Case brief

What is this about?

What did the court decide?

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