The High Court allowed bail petitions filed by four accused persons in a serious criminal case involving murder and extortion. The court granted bail upon furnishing a personal bond with sureties, noting that motive was not established.
Bail applications allowed; accused must furnish 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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 20624/2021
Shivraj Gurjar S/o Shree Dhanna Ram, Aged About 24 Years, R/o Bhapura, Police Station Sez, District Jaipur. At Present R/o Ram Singh Gurjar Ka Makaan, Gurjaron Ki Talai Sanganer, Police Station Muhana, District Jaipur. ( At Present Confined In Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1807/2022 Rakesh @ Rinku Gurjar S/o Babulal Gurjar, Aged About 19 Years, Resident Of Tigriya, Police Station, Chaksu, District Jaipur South ( At Present Confined In Central Jail Jaipur) (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 2207/2022 Meetha Lal Gurjar S/o Late Shri Ramjilal, Aged About 24 Years, R/o Biharipura Ps Chaksu Distt. Jaipur (South) (Presently Accused Petitioner Is Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 3880/2022 Ramdayal Bhadana Son Of Shri Chhitarmal Gurjar, Aged About 21 Years, Resident Of Bhapura, Police Station Sez, District Jaipur (Raj) ( At Present In Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
(2 of 3)
[CRLMB-20624/2021]
----Respondent
| For Petitioner(s) | : Mr. A.K. Upman. |
|---|---|
| Mr. Suresh Gurjar. Mr. Rajneesh Gupta. |
|
| For Respondent(s) | : Mr. S.K. Mahla, PP. |
| Mr. Pallav Choudhary. |
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/03/2022
(3 of 3)
[CRLMB-20624/2021]
found. The perusal of the statement of injured recorded under Section 161 Cr.P.C. reveals that it was Surendra @ Balia who inflicted a blow on the head of deceased Kazim by a iron rod. The post morterm report reveals an abrasion on left knee and one at left elbow which are simple in nature. There is diffuse swelling on right parieto temporal region of the deceased. As per the opinion of the doctor, who conducted autopsy, cause of death has been the antimorterm head injury. The head injury is specifically assigned to accused Surendra @ Balia who is not before this Court. As far as the injuries sustained by victim Raju is concerned, though he has received 6 injuries, neither the injuries are on vital part of the body nor dangerous to life. No motive has been established for which the liability of the death can be fastened upon the petitioner. Charge-sheet has been filed. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioners on bail. 5. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J
PREETI VALECHA /176-178, 190)
1 issue framed by the court
Whether to grant bail to petitioners accused in connection with offences under Sections 147, 148, 149, 323, 307, 302, 396 and 452 IPC.
1 provisions across 1 enactments
Shivraj Gurjar
Rakesh @ Rinku Gurjar
Meetha Lal Gurjar
Ramdayal Bhadana
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
