Single judge allowed bail application under Section 439 Cr.P.C. for petitioner charged with offences under Indian Penal Code, equating his case to a co-accused already granted bail, directing release on personal and surety bonds.
Release on bail with personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12735/2022
Meghnath S/o Kanhiram @ Kanhaiyalal, Aged About 32 Years, R/o Village Richadi Jagir, P.s. Chhabra, Distt. Baran (Raj.) (At Present Confined In Sub Jail Chhabara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Kuldeep Bhatia, Adv. For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
07/12/2022
This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.158/2022, registered at Police Station Chhabra, District Baran wherein he is charged for offences punishable under Sections 341, 323, 504, 452, 326, 307 & 34 of IPC.
Counsel for the petitioner submits that as per the statement of the injured Panni Bai, the petitioner and the co-accused-Mukesh Meena inflicted sword blow on her head. Counsel submits that as per the medical report of the injured, she has sustained two sharp injuries on her head and the co-accused Mukesh Meena has already been granted bail by the Co-ordinate Bench of this Court vide order dated 13.09.2022. Counsel submits that the petitioner is in custody since 03.05.2022 and after investigation, chargesheet has been submitted. Counsel submits that looking to the
(2 of 2) [CRLMB-12735/2022]
allegations levelled by the injured-Panni Bai, the case of the present petitioner is at par with the case of the co-accused Mukesh Meena and the trial will take its own time to conclude, hence the same indulgence may be extended to the present petitioner.
Per contra, learned Public Prosecutor opposed the bail application.
Considering the arguments put forward by the learned counsel for the petitioner and looking to the facts that the injured has levelled allegation of causing sharp injuries on her head against the present petitioner as well as co-accused Mukesh Meena and he has already been granted bail by the Co-ordinate Bench of this Court vide order dated 13.09.2022 and the case of the present petitioner is at par with him, hence without commenting on merits and demerits of the case, the same indulgence is extended to the present petitioner under Section 439 of Cr.P.C.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Meghnath S/o Kanhiram @ Kanhaiyalal arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ANOOP KUMAR DHAND),J
PRAVESH/26
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with offences punishable under Sections 341, 323, 504, 452, 326, 307 & 34 of IPC.
1 provisions across 1 enactments
Meghnath S/o Kanhiram @ Kanhaiyalal
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
