High Court of Rajasthan allowed bail petition of two accused persons facing charges of rioting and attempted murder, granting release on personal bond with sureties despite grievous injury allegations.
Release on bail under Section 439 Cr.P.C. with personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Accused-Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Pawan Kumar Kaushik For Respondent(s) : Mr. Laxman Meena, P.P. Mr. Mithun Bhai Chaturvedi, for complainant
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
01/04/2021
The amended cause title filed by the petitioners is taken on record.
The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.127/2020 registered at Police Station Harsora, Police District Bhiwadi, District Alwar for the offence under Section(s) 143, 323 & 341 of IPC and later on for the offence under Section(s) 147, 148, 149, 323, 341, 325 & 307 IPC.
Learned counsel for the petitioners submitted that injury on the person of Sunil Kumar alleged to be dangerous to life, has not
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[CRLMB-3774/2021]
been attributed to the present petitioners. He submitted that it is a case of version and cross-version in which persons from both sides have received injuries. Learned counsel submitted that the petitioners are in custody since 10.02.2021, investigation as against them is complete, they have no criminal antecedents and prayed for their release on bail.
Learned Public Prosecutor assisted by the learned counsel for the complainant submitted that beside injured Sunil Kumar, there are two other injured persons who have also received grievous injuries. They submitted that the petitioners, being members of unlawful assembly, do not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioners, the content of case diary and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Jairam S/o Shoyram & 2. Ishwar Singh S/o Shyam Singh shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
DANISH USMANI /02
1 issue framed by the court
Whether accused petitioners can be released on bail in connection with offences under IPC Sections 143, 323, 341, 147, 148, 149, 325, and 307.
2 provisions across 1 enactments
Jairam S/o Shoyram
Ishwar Singh S/o Shyam Singh
State Of Rajasthan
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
