Allowed

Vijaypal v. State of Rajasthan

Rajasthan HC3 Feb 2022CRLMB/695/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of an accused lodged in judicial custody for various offences including RPC, Arson and Armed Repeat Offences. The Court observed a compromise between parties, absence of injuries, and lengthy trial requirements as grounds for granting bail on personal bond and sureties.

What did the court decide?

Accused-petitioner released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, unless wanted in other cases.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 695/2022 Vijaypal S/o Shri Jagdish, Aged About 32 Years, R/o Jaisinghdesar Magra, Tehsil Nokha, District Bikaner. (Presently Lodged at 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. Ashok Bishnoi for Mr. Harshad Bhadu through VC For Respondent(s) : Mr. S.S. Rajpurohit, PP Mr. Ramniwas Haniya, for the complainant through VC

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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03/02/2022

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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.254/2021, Police Station Nokha, District Bikaner, registered for the offences punishable under Sections 307, 382, 458, 427 and 143 of IPC and Section 3 of the P.D.P.P. Act and Section 27 of the Arms Act.

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Heard learned counsel appearing for the petitioner and learned counsel for the complainant 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 compromise has taken place between the parties. Learned counsel further

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(2 of 2)

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[CRLMB-695/2022]

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stated that none of the injury found to anyone; in fact, there was only hot talk on tollbooth. He also stated that charge-sheet has been filed and trial will take time. With this submission, learned counsel for the petitioner prays that benefit of bail may be granted to the petitioner.

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Learned Public Prosecutor and learned counsel appearing for the complainant opposed the bail application but not controverted the arguments advanced by learned counsel for the petitioner and factum of compromise has been verified by learned counsel for the complainant. Learned Public Prosecutor stated that earlier, 14 other cases have been registered against the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly to the facts that compromise has been taken place between the parties; charge-sheet has been filed and trial of the case 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 – Vijaypal S/o Shri Jagdish, arrested in connection with F.I.R. No.254/2021, Police Station Nokha, District 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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56-Arvind/-

Vijaypal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vijaypal v. State of Rajasthan

Case brief

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