Allowed

Mukesh v. State of Rajasthan

Rajasthan HC21 Aug 2023CRLMB/8550/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. The Court held that no weapon was used, injuries were not grievous, and since the petitioner has been in custody since May 2023 with a long trial expected, bail was deemed appropriate via personal bond and sureties.

What did the court decide?

Petitioners enlarged on bail by furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8550/2023

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Mukesh S/o Bhagwan, Aged About 20 Years, R/o Mithi Mahudi Phala Vagela Ps Kherwada District Udaipur. (At Present Lodged In District Jail, Dungarpur)

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Abhishek @ Ashish S/o Ranchod, Aged About 19 Years, R/ o Mithi Mahudi Phala Vagela Ps Kherwada District Udaipur. (At Present Lodged In District Jail, Dungarpur)

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----Petitioners

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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)	: None Present
For Respondent(s)	: Mr. S.K. Bhati,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI Order

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21/08/2023

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Lawyers are abstaining from appearing before the Court.

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	133/2023
2.	Concerned Police Station	Kherwada
3.	District	Udaipur
4.	Offences alleged in the FIR	143, 307, 332 and 353 of IPC
5.	Offences added,if any	-
6.	Date of passing of impugned order	28.06.2023

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Learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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[CRLMB-8550/2023]

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(2 of 2)

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Have considered the submissions made by both the parties and have perused the material available on record. After going through the allegations levelled in the FIR lodged at instance of the complainant Krishan Kumar Yadav (Constable No.2462, Police Station Nayagaon) and pondering over the altercation exchanged in between the police team and the accused party, this Court deems it appropriate that since no weapon was used and the injury was neither grievous nor dangerous to life. The petitioner is behind the bars since May, 2023. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title 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 as and when called upon to do so.

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(FARJAND ALI),J

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83-divya/-

Mukesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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