Allowed

Bharatlal S/O Bhagwan Sahay v. State of Rajasthan

Rajasthan HC1 Sept 2023CRLMB/4194/2023

Case brief

AI extract

What is this about?

This is the third bail application filed by a petitioner in custody since December 2021, accused of causing injury with a lathi. The court found no prospect of early trial conclusion. Despite prosecution opposition, the court allowed bail, directing release on personal bond with sureties standard conditions.

What did the court decide?

Petitioner to be released on bail on furnishing a bond of Rs.25,000 with two sureties of like amount with standard conditions of cooperation and non-escape.

Bharatlal S/O Bhagwan Sahay Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2023)

¶1

[2023:RJ-JP:20378]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous 3^rd Bail Application No. 4194/2023

¶4

Bharatlal S/o Bhagwan Sahay, Aged About 30 Years, R/o Tehladi, Police Station Mandawar, Distt. Duasa (Raj.) ( Presently Confined At Distt. Jail Dausa)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through P.p.

¶8

----Respondent

¶9

For Petitioner(s)	: Mr. Mahendra Kumar, brother of petitioner
For Respondent(s)	: Mr. G.S.Rathore, G.A.cum AAG with Mr. SS Mehla,PP.

¶10

HON'BLE MR. JUSTICE BIRENDRA KUMAR

¶11

Order

¶12

01/09/2023

¶13

Heard Mr. Mahendra Kumar, brother of petitioner and learned G.A. cum AAG for the State.

¶14

This 3^rd Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. in connection with FIR No.333/2021 registered with Police Station Mandawar, Distt. Dausa for offences under Sections 143, 341, 323 and 506 IPC.

¶15

The petitioner is in custody since December, 2021. Allegation against the petitioner is of commission of injury with a lathi at the head of the injured.

¶16

For the act alleged, the petitioner has remained in jail for a sufficient period as an under trial prisoner and there is no chance of early conclusion of the trial.

(2 of 2)

[2023:RJ-JP:20378]

[CRLMB-4194/2023]

Learned Public Prosecutor has opposed the prayer for bail.

¶21

Considering the facts aforesaid, there is no need for further detention of the petitioner as an under trial prisoner. Hence, the instant 3^rd bail application stands allowed.

¶22

It is directed that the above-named petitioner be released on bail in the aforesaid FIR if he is not wanted in any other case, provided that he furnishes a bail bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties of like amount to the satisfaction of the learned trial court with following conditions :-

¶23

(i) the petitioner shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioner.

¶24

(ii) the petitioner shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would amount for cancellation of bail. (iii) the petitioner shall not tamper with the evidence.

¶25

(BIRENDRA KUMAR),J

¶26

NAVAL KISHOR /38

Bharatlal S/O Bhagwan Sahay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bharatlal S/O Bhagwan Sahay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State and Anr. Vs Ramesh Chand Dadhich and Anr.

Shri Pratap Son of Shri Raju Regar, Vs State of Rajasthan

Bheem Singh S/O Shri Surajbhan Vs the State of Rajasthan

Baluram @ Balram Son of Shri Dhannalal Vs State of Rajasthan

Surendra Son of Mansingh Vs State of Rajasthan

Girdhari Lal S/O Kesharmal Vs State of Rajashthan