Allowed

Harveer S/O Banwari v. State of Rajasthan

Rajasthan HC15 Oct 2024CRLMB/11625/2024

Case brief

AI extract

What is this about?

This court allowed a criminal bail application filed by accused petitioners in a case stemming from riot and murder charges. The court directed release on bail by furnishing a personal bond and two sureties without expressing an opinion on merits.

What did the court decide?

Bail application allowed; petitioners directed to release on bail by furnishing personal bond of Rs.1,00,000/ and two sureties of Rs.50,000/ each.

Harveer S/O Banwari Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:43164]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11625/2024

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Harveer S/o Banwari, Aged About 24 Years, R/o Rahal, Police Station Kanchanpura, District Dholpur. (Accused Petitioner Is Presently Confined In District Jail Dholpur).

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Ankesh S/o Banwari, Aged About 19 Years, R/o Rahal, Police Station Kanchanpura, District Dholpur. (Accused Petitioner Is Presently Confined In District Jail Dholpur).

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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)	: Mr. A.K. Gupta, Sr. Advocate assisted
	by Mr. Vijayant Nirwan and Mr. Sarwat Azam
For Respondent(s)	: Ms. Aarti Sharma, Public Prosecutor
	Mr. R.R. Baisla for complainant

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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15/10/2024

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This bail application has been filed by the petitioners under Section 483 of the B.N.S.S. arising out of F.I.R. No.46/2024, registered with the Police Station Kanchanpur, District Dholpur for offences under Sections 147, 148, 149, 307 & 302 of IPC and under Section 3/25 of the Arms Act.

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Learned Senior counsel appearing for the petitioners submits that no specific overt-act has been assigned to the petitioners as per the averments made in the FIR lodged by one of the eyewitness/complainant Damodar. Counsel further submits that the petitioners are in custody since 05.02.2024 and the allegation against them is that they are the members of unlawful assembly. Counsel further submits that the cause of death of the deceased

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Rinku Singh is two head injuries and it has neither been specified in the FIR nor in the statements of the prosecution eye witnesses recorded under Section 161 Cr.P.C. that who has caused those two injuries, therefore, the petitioners may be released on bail.

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Learned Public Prosecutor appearing for the State assisted by counsel for the complainant have opposed the bail application and submit that the petitioners are active members of unlawful assembly and they caused death of deceased Rinku Singh by inflicting two head injuries. They further submit that Lathi has also been recovered from the possession of the petitioner Harveer.

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Considered the submissions made at bar and also perused the challan papers. 5. In the FIR lodged by eye-witness/complainant Damodar, there are omnibus allegations against the petitioners and no specific overt-act has been assigned to the petitioner Harveer and he has been implicated in this case with the aid of Section 149 of IPC. Both the petitioners are in custody since 05.02.2024.

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In totality of the facts and circumstances of the case as stated above, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioners on bail. 7. Accordingly, this bail application is allowed and it is directed that accused-petitioners shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall appear before

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the trial Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(GANESH RAM MEENA),J

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Satyendra/199

Harveer S/O Banwari v. State of Rajasthan

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Harveer S/O Banwari v. State of Rajasthan

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