The High Court allowed the second bail application of Kavinder Singh, an accused in Sections 341, 323, 324, 307 IPC and Arms Act case. The court granted bail on a personal bond with sureties without expressing opinion on the merits.
Petitioner released on bail with personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 5383/2022
Kavinder Singh S/o Sh. Briham, Aged About 42 Years, R/o Vill. Sirsa Salkhna, Post Chukni, P.s. Sambhal (Uttar Pradesh) At Present Vill. Janak Puri Sahibabad, Gajiyabad (Up). (At Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Chouhan For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/11/2022
The petitioner has been arrested in connection with FIR No. 210/2021 of Police Station Beechwal, District Bikaner for the offence punishable under Sections 341, 323, 324, 307 R/w 34 of IPC and Section 4/25 of the Arms Act. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed on merit by the coordinate Bench of this Court vide order dated 23.10.2021 with liberty to file afresh after recording the statement of injured- Sonu S/o Madhusudan.
Learned counsel for the petitioner submits that injured- Sonu @ Dilip has been examined before the Court as PW-2, in his statement, no specific allegation has been levelled against the present petitioner; only omnibus allegation has been levelled against the present petitioner. Counsel further submits that Doctor
(2 of 2)
[CRLMB-5383/2022]
Rakesh has also been examined before the Court as PW-1, in cross examination, he specifically mentioned that injured sonu had not received any injury, which is dangerous to life. The accusedpetitioner is in judicial custody since 05.09.2021 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner, Kavinder Singh S/o Sh. Briham , shall be released on bail in connection with FIR No.210/2021 of Police Station Beechwal, District Bikaner provided he executes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
34-raksha/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner despite the dismissal of the first bail application.
1 provisions across 1 enactments
Kavinder Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
