Allowed

Bhojraj @ Manish S/O Gokul Chand v. State of Rajasthan

Rajasthan HC13 Jan 2023CRLMB/11682/2022

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan allowed the 3rd bail application of the petitioner, who was in custody for offenses under IPC. After crossing examination of the injured witness, the court found discrepancies in the earlier statement and granted bail with a bond.

What did the court decide?

Accused-petitioner to be released on bail by furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000/- each.

Bhojraj @ Manish S/O Gokul Chand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 11682/2022

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Bhojraj @ Manish S/o Gokul Chand, R/o Padiya, Police Station Ghatoli, Distt. Jhalawar (Raj.) ( At Present In Distt. Jail Jhalawar )

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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. Shailesh Kumar Panwar For Respondent(s) : Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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13/01/2023

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This 3^rd bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 21/2022 registered at Police Station Ghatoli, District Jhalawar for the offences under Sections 341, 323, 504, 324, 326, 34 of IPC.

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Learned counsel for the petitioner has submitted the photocopy of statement of injured-Shreekishan PW-2 and submits that the first and second bail application of the petitioner was dismissed by this Court vide orders dated 11.03.2022 and 27.05.2022 respectively. Now, the statement of injuredShreekishan PW-2 has been recorded during trial and it is categorically admitted by him in his cross-examination that Bhojraj hit the waist with wooden stick was mentioned in his Parcha Bayan (ex.P-5) and it is also true that Bhojraj did not cause any injury anywhere was not mentioned. The petitioner is

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(2 of 2)

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[CRLMB-11682/2022]

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behind the bars since long and he has no criminal antecedents. Hence, the accused-petitioner may be released on bail.

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Learned Public Prosecutor has strongly opposed the bail application.

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Heard and perused the material available on record.

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Considering the submissions made by learned counsel for the petitioner as well as cross examination of injured-Shreekishan PW2 and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the 3^rd bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Bhojraj @ Manish S/o Gokul Chand shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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PAYAL/22

Bhojraj @ Manish S/O Gokul Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhojraj @ Manish S/O Gokul Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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