Partly allowed

Badri Lal S/O Birdi Lal v. State of Rajasthan

Rajasthan HC2 Dec 2022CRLMB/10786/2022

Case brief

AI extract

What is this about?

Single judge bail application regarding FIR registered for offences under IPC and Arms Act. Petitioner No. 1 withdrew his application. Bail granted to co-accused petitioners Nos. 2 to 6 on pressing ground alongside a co-accused but with stricter bond conditions.

What did the court decide?

Bail allowed to accused-petitioners Nos. 2 to 6 subject to personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Badri Lal S/O Birdi Lal Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 10786/2022

¶3

Badri Lal S/o Birdi Lal, Aged About 55 Years, R/o Gram Kankarda, Police Station Sarola Kalan, District Jhalawar (Raj.) ( At Present Confined In Distt. Jail Jhalawar)

¶4

Dilip @ Bablu S/o Badri Lal, Aged About 32 Years, R/o Gram Kankarda, Police Station Sarola Kalan, District Jhalawar (Raj.) ( At Present Confined In Distt. Jail Jhalawar)

¶5

Dinesh S/o Badrilal, Aged About 27 Years, R/o Gram Kankarda, Police Station Sarola Kalan, District Jhalawar (Raj.) ( At Present Confined In Distt. Jail Jhalawar)

¶6

Dhannalal @ Dhanraj S/o Prahlad, Aged About 30 Years, R/o Gram Kankarda, Police Station Sarola Kalan, District Jhalawar (Raj.) ( At Present Confined In Distt. Jail Jhalawar)

¶7

Chandraprakash S/o Latorlal, Aged About 26 Years, R/o Gram Kankarda, Police Station Sarola Kalan, District Jhalawar (Raj.) ( At Present Confined In Distt. Jail Jhalawar)

¶8

Kamalprakash S/o Kalulal, Aged About 27 Years, R/o Gram Kankarda, Police Station Sarola Kalan, District Jhalawar (Raj.) ( At Present Confined In Distt. Jail Jhalawar)

¶9

----Petitioners

¶10

Versus

¶11

State Of Rajasthan, Through P.p.

¶12

----Respondent

¶13

For Petitioner(s) : Mr. Harendra Singh with Mr. Dharmendra Choudhary For Respondent(s) : Mr. Mangal Singh Saini, PP

¶14

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

¶15

Order

¶16

02/12/2022

¶17

(2 of 3) [CRLMB-10786/2022]

¶18

This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 51/2022 registered at Police Station Sarola-Kalan, District Jhalawar for the offences under Sections 147, 148, 149, 341, 323, 325, 302 & 504 of IPC and Section 4/25 of Arms Act.

¶19

Learned counsel for the petitioners submits that he may be permitted to withdraw the bail application filed on behalf of petitioner No.1-Badri Lal S/o Birdi Lal.

¶20

Permission, as sought for, is granted.

¶21

The bail application of petitioner No.1-Badri Lal S/o Birdi Lal is dismissed as withdrawn.

¶22

Learned counsel for the petitioners submits that the petitioner Nos. 2 to 6 are behind the bars since long and chargesheet has already been filed. As per rejection bail order, the petitioner No.4-Dhannalal @ Dhanraj has criminal antecedents of one case and he is on bail in that case. As per post mortem report of Naresh, cause of death is ante mortem head injury. As per FIR, the petitioner No.1-Badri Lal assaulted Naresh with Gandasi on his head. The second bail application of co-accused-Ramvilas Under Section 439 of CrPC has already been granted by the co-ordinate Bench of this Court vide its order dated 24.08.2022. Hence, the bail application filed on behalf of accused-petitioner Nos. 2 to 6 may be granted.

¶23

Learned Public Prosecutor has opposed the bail application.

¶24

Heard learned counsel for the parties and perused the material available on record.

¶25

(3 of 3) [CRLMB-10786/2022]

¶26

Considering the submissions made by learned counsel for the petitioners and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner Nos. 2 to 6 on bail.

¶27

Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioners petitioner Nos. 2 to 6 namely Dilip @ Bablu S/o Badri Lal, Dinesh S/o Badrilal, Dhannalal @ Dhanraj S/o Prahlad, Chandraprakash S/o Latorlal and Kamalprakash S/o Kalulal 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 and as and when called upon to do so.

¶28

(CHANDRA KUMAR SONGARA),J

¶29

PAYAL/43

Badri Lal S/O Birdi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Badri Lal S/O Birdi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravi Meena S/O Shri Mohan Lal Meena Vs the State of Rajasthan

Jitendra S/O Late Sh. Prahlad Sharma Contemporaneous, Gram Development Officer Vs State of Rajasthan

Subhash @ Kalu S/O Shri Pratap Singh Vs State of Rajasthan

Shambhu Singh S/O Shiv Singh Vs the State of Rajasthan

Vimlesh @ Babbu Son of Prahalad Vs State of Rajasthan

Harun S/O Nijamuddin Vs State of Rajasthan