High Court allowed bail to petitioners not named in FIR based on general omnibus allegations against rioters, directing furnishing of bail bond with sureties and adherence to trial cooperation.
Released on bail by furnishing a bail bond of Rs. 25,000 with two sureties of like amount to the trial court, subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JP:20380]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.11163/2023
----Petitioners
Versus
State Of Rajashthan, Through Pp
----Respondent
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
01/09/2023
(2 of 2)
[2023:RJ-JP:20380]
[CRLMB-11163/2023]
hearing on the ground that the father of Girdharilal has died on 31.08.2023 as per the certificate granted by the Local Sarpanch and cremation of the dead body and last rituals need to be performed by Girdharilal. Hence, prayer is at least for provisional bail.
(i) the petitioners shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioners.
(ii) the petitioners shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would be a ground for cancellation of bail. (iii) the petitioners shall not tamper with the evidence.
(BIRENDRA KUMAR),J
Ashwani/1C
3 issues framed by the court
Whether bail shall be granted to persons who are not named in the FIR but are involved in a general allegation against multiple accused.
Whether general and omnibus allegations against accused not named in the FIR satisfy the requirement of reasonable grounds for arrest.
What conditions should be imposed for the release on bail when the petitioners are not specifically charged in the FIR.
2 provisions across 2 enactments
Girdhari Lal S/o Kesharmal
Bhomaram S/o Sh Maliram
State Of Rajashthan
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
