Allowed

Bhanwar Lal v. State of Rajasthan

Rajasthan HC19 Aug 2023CRLMB/5112/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a second bail application filed under Section 439 Cr.P.C. by the petitioner in a Section 306 IPC case, directing release on personal bond with sureties upon satisfaction of the trial court, desisting from opining on merits.

What did the court decide?

Petitioner released on bail upon executing personal bond of Rs. 1,00,000 with two sureties to the satisfaction of trial court.

Bhanwar Lal Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023:RJ-JD:26327]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 5112/2023

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Bhanwar Lal S/o Sh. Kishan Lal Regar, Aged About 52 Years, Vill. Chikali Dodiya, P.s. Rail Magara, Dist. Rajsamand (Raj.). (Presently Lodged In Dist. Jail, Rajsamand).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Shambhoo Singh
For Respondent(s)	: Mr. Sharwan Bishnoi,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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19/08/2023

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The present second bail application has been filed on behalf of the petitioner under Section 439 Cr.P.C, who has been arrested in connection with FIR No.135/2022, Police Station Amet, District Rajsamand for the offences punishable under Sections 306 of the IPC.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the first bail application of the petitioner has been rejected by this Court vide order dated 10.2.2023. However, after rejection of the first bail application, the investigating agency has already filed charge-sheet. Further, the learned counsel submits that the petitioner being the father-in-law has been entangled in the present case solely on the basis of the alleged suicide note, however, on a perusal of the suicide note, it is revealed that the deceased committed suicide in order to absolve himself from

[2023:RJ-JD:26327]

[CRLMB-5112/2023]

(2 of 2)

paying the debt amount. Learned counsel submits that there was no abetment on behalf of the petitioner. It is submitted that the petitioner is behind the bars since long and the trial of the case would take time. Therefore, it is prayed that the petitioner may be enlarged on bail.

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Per contra, learned Public Prosecutor opposed the bail application.

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Having heard the parties and looking to the facts and circumstances of the case and more particularly the fact that the investigating agency has already filed charge-sheet, without expressing any opinion on merits and demerits of the case, this Court is of the opinion that bail application deserves to be accepted.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bhanwar Lal S/o Kishan Lal Regar shall be released on bail in connection with FIR No. 135/2022 , Police Station Amet District Rajsamand provided he executes 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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(MADAN GOPAL VYAS),J

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69-CPGoyal/-

Bhanwar Lal v. State of Rajasthan

Case brief

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Bhanwar Lal v. State of Rajasthan

Case brief

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