Allowed

Dayaram Son of Shri Dhanna Lal v. State of Rajasthan

Rajasthan HC14 Jul 2022CRLMB/5525/2022

Case brief

AI extract

What is this about?

High Court of Rajasthan granted anticipatory bail for two accused persons apprehending arrest in connection with an FIR alleging injuries during a brawl, directing release upon furnishing a personal bond and two sureties.

What did the court decide?

The application was allowed; petitioners directed to be released on bail subject to personal bond of Rs.50,000/- and two sureties in equal sums.

Dayaram Son of Shri Dhanna Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5525/2022

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Dayaram Son Of Shri Dhanna Lal, Aged About 45 Years, 2. Bahadur Son Of Shri Dhanna Lal, Aged About 35 Years, Both Residents Of Bawdi Kheda, Police Station Namana, District Bundi (Rajasthan)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) : Mr. MS Saini, PP Ms. Rekha Arora, for the complainant

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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14/07/2022

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Apprehending their arrest in connection with FIR No.12/2022 registered at Police Station Namana, District Bundi for the offence(s) under Sections 143, 323, 341 and 308/34 of IPC, the petitioners have preferred this anticipatory bail application under Section 438 Cr.P.C.

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Learned counsel for the accused-petitioners submits that for a single incident, two FIRs have been lodged, one at the behest of the complainant party and the other at the instance of the petitioners. In both these cases, the investigation is undergoing.

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Learned Public Prosecutor and learned counsel for the

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complainant have vehemently opposed the bail application.

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(2 of 3)

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[CRLMB-5525/2022]

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Having considered the overall allegations leveled in the FIR and contentions made by the counsel for the accused-petitioners. 5. It is revealing from the order dated 04.04.2022, passed by learned Sessions Judge, Bundi while deciding the anticipatory bail application under Section 438 Cr.P.C. that accused-petitioners Dayaram, Bahadur and Smt. Raji @ Rajesh Bai have also sustained grievous injuries. Smt. Raj has received a bony injury for which, she had remained admitted in hospital for five days. It is also reflected from the aforesaid order that Bholu, Smt. Rupa Bai, Raghuveer and Devraj have allegedly beaten by the petitioner party. The victim Bholu had sustained grievous injury on his forehead, near his eye. Taking into account the fact that at this stage, it is not possible to adjudicate who were the aggressors or whether the petitioners had an intent to kill the victim, and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application of Dayaram Son Of Shri Dhanna Lal and Bahadur Son Of Shri Dhanna Lal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Namana, District Bundi in F.I.R. No.12/2022 is directed that in the event of arrest of the petitioner- Dayaram Son Of Shri Dhanna Lal and Bahadur Son Of Shri Dhanna Lal, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(3 of 3)

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[CRLMB-5525/2022]

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(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioners shall not leave India without previous permission of the court.

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(FARJAND ALI),J

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AARZOO ARORA /156

Dayaram Son of Shri Dhanna Lal v. State of Rajasthan

Case brief

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Dayaram Son of Shri Dhanna Lal v. State of Rajasthan

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