The High Court of Rajasthan granted regular bail to the petitioner under Section 439 Cr.P.C. in a case involving injuries from a gun-shot wound, ordering release on a personal bond with sureties.
Petitioner released on bail on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- 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. 10139/2022
Shubham @ Gauri S/o Shrisureshchandsamdhiya, Aged About 22 Years, R/o Kayasthpada, Badi, P.s. Badi, Dist. Dholpur (Raj.) (At Prsent In District Jail Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Aditya Mishra, Adv., For Respondent(s) : Mr. Riyasat Ali, P.P. Mr. Anil Jain, Adv.,
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
02/09/2022
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.247/2022 registered at Police Station Badi, District Dholpur for the offence(s) under Section(s) 323, 341, 307, 34 of I.P.C. & under Section 3/25 of Arms Act.
Learned counsel for the petitioner submits that the accusedpetitioner is innocent and he has falsely been implicated in this case. Learned counsel further submits that the complainant party was the aggressor, thus cross FIR has been lodged against the present petitioner and there was no intention of killing the victiminjured as injury was inflicted on the thigh of left leg of the victim by gun-shot. Learned counsel also submits that the accusedpetitioner is in judicial custody since long and the conclusion of the
(2 of 2)
[CRLMB-10139/2022]
trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the same.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and accusedpetitioner Shubham @ Gauri S/o Shrisureshchandsamdhiya is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
KESHAV GHIYA/14
1 issue framed by the court
Whether the petitioner should be enlarged on bail pending trial in a case involving offences under Sections 307, 323, 341, 34 of I.P.C. and the Arms Act.
3 provisions across 3 enactments
Shubham @ Gauri S/o Shrisureshchandsamdhiya
State Of Rajasthan, Through Public Prosecutor
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
