This order grants bail to the petitioner charged with offences under Sections 341, 323, and 302 IPC. The court released him on personal bond with sureties without expressing an opinion on the merits.
Petitioner released on bail with personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
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[2023/RJJD/004441]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1255/2023
Naresh D/o Ramanlal, Aged About 21 Years, Jhalari, P.s. Verda, Dist. Dungarpur (Raj.). (At Present Lodged In Central Jail, Udaipur).
----Petitioner
| Versus | ||
|---|---|---|
| State Of Rajasthan, | Through Pp | ----Respondent |
| For Petitioner(s) | : Mr. Anuj Sahlot Ms. Namita Sahlot |
|
| For Respondent(s) | : Mr. S.K. Bhati,P.P. |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order
07/02/2023
The petitioner has been arrested in connection with FIR No.75/2022 of Police Station Varda, District Dungarpur for the offences punishable under Sections 341, 323, 302/34 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted specific allegation of causing head injury is attributed to coaccused Jitendra and only allegation against the accusedpetitioner is that he pushed the deceased due to which he fell down and there is no allegation of inflicting any injury by the petitioner. It is further submitted that stone through which head injury was inflicted has been recovered from the co-accused Jitendra. The accused-petitioner is in judicial custody since long
(2 of 2)
[2023/RJJD/004441]
[CRLMB-1255/2023]
and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application.
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 under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Naresh D/o Ramanlal shall be released on bail in connection with FIR No.75/2022 of Police Station Varda, District Dungarpur 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.
(MADAN GOPAL VYAS),J
40-Bharti/-
1 issue framed by the court
Whether bail should be granted to the accused charged with offences under Sections 341, 323, and 302 IPC.
1 provisions across 1 enactments
Naresh D/o Ramanlal
State Of Rajasthan
MADAN GOPAL VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
