Allowed

Bhagwan Singh S/O Sukhram v. State of Rajasthan

Rajasthan HC19 Jul 2021CRLMB/5982/2021

Case brief

AI extract

What is this about?

Single judge allowed a bail application under Section 438 Cr.P.C. granting anticipatory bail to the petitioner without expressing an opinion on the merits of the case, relying on the grant of bail to other accused in the same incident.

What did the court decide?

Petitioner to be released on anticipatory bail by furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each along with complying with investigation conditions.

Bhagwan Singh S/O Sukhram Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5982/2021

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Bhagwan Singh S/o Sukhram, aged about 42 Years, R/o Barada Police Station Kathumar, District Alwar.

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----Petitioner

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Versus

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State of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Narendra Prasad Meena For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor Mr. Abdul Rahim Khan for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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19/07/2021

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This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.517/2020, registered at Police Station Kathumar, District Alwar for the offences under Sections 143, 323, 341, 354, 379, 326, 308 & 34 of IPC.

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Learned counsel for the petitioner submits that there is a dispute of agricultural land between family of the petitioner and the husband of the complainant. Counsel further submits that now, both the parties have amicably settled their dispute by way of compromise and the complainant does not want to proceed in this FIR. Hence, the petitioner may be released on anticipatory bail.

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(2 of 3) [CRLMB-5982/2021]

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Learned counsel for the complainant submits that he has no objection if this anticipatory bail application of the petitioner is granted.

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On the other hand, learned Public Prosecutor has opposed the bail application and submitted that as per rejection bail order, petitioner has criminal antecedents of two cases.

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Heard and perused the material available on the record. As per the Police statement of Alleram, Netram inflicted injury on his head with ‘pharsi’ and Bhagwan Singh inflicted injury on his right side with ‘ lathi’. As per injury report of Alleram, he got five injuries out of which, injury No.2 is grievous in nature which is caused by sharp edged weapon on his head whereas injury No.1 is simple in nature which is on his right side of the face.

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Bail application of Netram and Sukhbir filed under Section 439 has already been granted by the coordinate bench of this court vide order dated 22.02.2021. Therefore, looking to the above facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.

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Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner Bhagwan Singh S/o Sukhram in the aforesaid FIR by the investigation officer, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:

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i) That the petitioner will make himself available for the investigation as and when required by the

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(3 of 3)

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[CRLMB-5982/2021]

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investigation officer.

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ii) That the petitioner will not leave India without permission of the Court.

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iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/19

Bhagwan Singh S/O Sukhram v. State of Rajasthan

Case brief

What is this about?

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Bhagwan Singh S/O Sukhram v. State of Rajasthan

Case brief

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