Dismissed

Baluram @ Balram S/O Dhanna Lal v. State of Rajasthan

Rajasthan HC1 Aug 2022CRLMB/9050/2022

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C., the High Court dismissed the plea, holding that given the recovery of an axe and the details of the grievous injury, it was not proper to enlarge the petitioner on bail without expressing opinion on merits.

What did the court decide?

The bail application under Section 439 Cr.P.C. is dismissed. The petitioner remains in custody.

Baluram @ Balram S/O Dhanna Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9050/2022

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Baluram @ Balram S/o Dhanna Lal, R/o Ramgar, P.S. Mandhana, Dist. Kota (Presently Confined At Central Jail Kota)

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----Petitioner

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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. Amit Dadhich For Respondent(s) : Mr. Babu Lal Nasuna, Deputy Government Counsel (Public Prosecutor) Mr. Shyam Bihari Gautam for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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01/08/2022

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This bail application has been filed under Section 439 Cr.P.C in connection with FIR No.103/2022 registered at Police Station Mandhana, District Kota for the offences under Sections 307, 323, 341 & 34 of IPC and Section 4/25 of Arms Act.

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Learned counsel for the petitioner submits that as per FIR, no injuries have been attributed to the petitioner and he has been falsely implicated in this case. The petitioner is behind the bars since long and charge-sheet has been filed. Counsel further submits that injuries of injured-Devkaran are not dangerous to life. Hence, the petitioner may kindly be released on bail.

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Learned Public Prosecutor and learned counsel for the complainant have strongly opposed the bail application.

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Heard. Perused the material available on the record.

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(2 of 2) [CRLMB-9050/2022]

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As per Parcha-bayan of injured-Devkaran, Baluram @ Balram inflicted injury on his head with axe and as per injury & X- Ray report of Devkaran, injury No.1 is on his left-parietal region which is caused by sharp weapon and is grievous in nature. As per recovery memo, one axe was recovered at the instance of the petitioner. Therefore, looking to the above facts and circumstances of the case and gravity of the offence but without expressing any opinion on the merits/demerits of the case, this court deems it not proper to enlarge the petitioner on bail.

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Accordingly, the bail application of the petitioner under Section 439 Cr.P.C. is dismissed .

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(CHANDRA KUMAR SONGARA),J

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Satyendra/17

Baluram @ Balram S/O Dhanna Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Baluram @ Balram S/O Dhanna Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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