Allowed

Raju Bhati v. State

Rajasthan HC7 Feb 2022CRLMB/672/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding offences under Sections 498A, 323, and 308/34 IPC, the High Court of Rajasthan granted bail considering the lack of grievous injury, existence of cross FIRs, and extended custody period, without expressing an opinion on the merits.

What did the court decide?

Petitioner released on bail against a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Raju Bhati Vs State — Matrimonial and Divorce | Rajasthan HC (2022)

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[CRLMB-672/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 672/2022

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Raju Bhati S/o Prem Raj, Aged About 30 Years, R/o Behind Police Line, Ranisar Bass, Bikaner, Police Station Sadar, District Bikaner. (Lodged in Central Jail, Bikaner)

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----Petitioner

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Versus

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State of Rajasthan through PP

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----Respondent

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For Petitioner(s) : Mr. Shyam Sunder Khatri through VC For Respondent(s) : Mr. Vikram Sharma, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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07/02/2022

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In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.218/2021 of Mahila Police Station Bikaner, registered for the offence punishable under Sections 498A, 323, 308/34 of the IPC.

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Heard learned counsel appearing for the petitioner through video conferencing and learned Public Prosecutor, present in person. Perused the material available on record.

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Learned counsel for the petitioner stated that petitioner is brother in law of the complainant; marriage took place in the year 2010; complainant living separately since more than four years due to dispute of some family property; petitioner has wrongly

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[CRLMB-672/2022]

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been implicated in this case for the offence punishable under Section 498-A, 323, 308/34 of IPC. Learned counsel further stated that cross FIR Nos. 354/2021 and 289/2021 have been filed by the petitioner’s side. He also stated that petitioner is behind the bars since 15.12.2021; and trial will take long time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application.

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Having regard to the facts and circumstances of the case, particularly to the facts that none of the injury is found grievous in nature; cross FIRs have been filed in this case; that looking to the custody period of the accused-petitioner and the fact that further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Raju Bhati S/o Prem Raj, arrested in connection with F.I.R. No.218/2021 of Mahila Police Station Bikaner, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of 50,000/- (Rupees Fifty₹ Thousand) and two sureties of 25,000/- (Rupees Twenty Five₹ Thousand) each to the satisfaction of the 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.

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(DEVENDRA KACHHAWAHA),J

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75-Arvind/-

Raju Bhati v. State

Case brief

What is this about?

What did the court decide?

Raju Bhati v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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