Partly allowed

Akshay Vaghela v. State of Rajasthan

Rajasthan HC9 Nov 2023CRLMB/12451/2023

Case brief

AI extract

What is this about?

This single judge order granted bail to petitioner 1 Akshay Vaghela after dismissing the application against petitioner 2 Ashutosh Vaghela due to specific averments of grievous injuries. The order directed release on personal bond with two sureties.

What did the court decide?

Bail granted to Petitioner No.1 on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each; application dismissed qua Petitioner No.2.

Akshay Vaghela Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:38984]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 12451/2023

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Akshay Vaghela S/o Mahesh Kumar, Aged About 28 Years, R/o Inside Suraj Pole Harizan Basti Jalore Presently Lodged In Dist. Jail Jalore

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Ashutosh Vaghela S/o Suresh Kumar, Aged About 25 Years, R/o Inside Suraj Pole Harizan Basti Jalore Presently Lodged In Dist. Jail Jalore

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Tikma Ram S/o Parbhu Ram, R/o Tashkhana Bavdi Bhinmal Road Jalore

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----Respondents

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For Petitioner(s) : Mr. Rakesh Kumar For Respondent(s) : Mr. MS Bhati, Pp Mr. Bhoop Singh Choudhary

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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09/11/2023

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The petitioners have been arrested in connection with FIR No.286/2023 of Police Station Kotwali, Jalore for the offence punishable under Sections 452, 323, 341, 325, 326, 327, 329 IPC. They have preferred this bail application under Section 439 Cr.P.C.

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Heard learned counsel for the parties and perused the material available on record.

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Specific averment has been made against accused petitioner No.2 Ashutosh Vaghela for causing grievous injuries to injured, therefore, this Court is not inclined to grant benefit of bail to petitioner No.2.

[2023:RJ-JD:38984]

[CRLMB-12451/2023]

(2 of 2)

Hence, the present bail application is dismissed qua petitioner No.2 Ashutosh Vaghela.

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So far as petitioner No.1 Akshay Vaghela is concerned, counsel submits that no specific averment has been made against the petitioner No.1. He is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner No.1.

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

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner No.1 under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is partly allowed and it is directed that petitioner Akshay Vaghela S/o Mahesh Kumar shall be released on bail in connection with FIR No.286/2023 of Police Station Kotwali, Jalore provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of 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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(MANOJ KUMAR GARG),J

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99-MS/-

Akshay Vaghela v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Akshay Vaghela v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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