Allowed

Bhagirath v. the State of Rajasthan

Rajasthan HC8 Nov 2022CRLMB/13773/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application involves accused-petitioner Bhagirath charged with offences including attempted murder and grievous hurt. The learned public prosecutor opposed the application citing the severity of charges, but the High Court observed the injury was not proved to be grievous or life-threatening. Consequently, the court allowed the bail application, directing the accus

What did the court decide?

Petitioner enlarged on bail by executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Bhagirath Vs the State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

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[2023:RJ-JD:38732]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 13773/2023

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Bhagirath S/o Sh. Lekhram, Aged About 50 Years, R/o- Ward No. 04, Srinagar, Police Station Hanumangarh Town District Hanumangarh. (Rajasthan). (At Present Lodged In Hanumangarh Jail).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Anil Gupta
For Respondent(s)	: Mr.	Muktiyar Khan,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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08/11/2023

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	447/2023
2.	Concerned Police Station	Hanumangarh Town
3.	District	Hanumangarh
4.	Offences alleged in the FIR	341, 323, 323, 326, 458, 459 & 307 of IPC
5.	Offences added,if any
6.	Date of passing of impugned order	20.07.2023

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It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in

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[2023:RJ-JD:38732]

[CRLMB-13773/2023]

the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. As per the allegations, the petitioner Bhagirath has not inflicted any injury which is proved to be grievous and dangerous to life. After investigation charge-sheet has been filed against the petitioner. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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217-Samvedana/-

Bhagirath v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagirath v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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