Allowed

Bheru Lal S/O Nandlal, v. State of Rajasthan

Rajasthan HC5 Feb 2024CRLMB/135/2024

Case brief

AI extract

What is this about?

Second bail application for arrest under FIR involving offences under Sections 341, 323, later upgraded to Sections 307 and 325 IPC. Court allowed bail considering custody period, charge-sheet filed, absence of criminal antecedents, and medical expert's finding that injuries were dangerous to life if untreated.

What did the court decide?

Release on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to appearing before Trial Court on all hearing dates.

Bheru Lal S/O Nandlal, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:5848]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 135/2024

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Bhairu Lal S/o Nandlal, Aged About 40 Years, R/o Dol Basti, Khumbhkhot, Suket, Kota Rural (Raj.) (At Present Petitioner Is Confined In Central Jail Kota)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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05/02/2024

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The instant second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.104/2023 registered at Police Station Suket, District Kota Rural for offences under Sections 341 and 323 of IPC. Later on, police filed charge-sheet in this matter for offences under Sections 341, 323, 307 and 325 of IPC.

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The first bail application was dismissed as withdrawn with liberty to file fresh bail application after recording the testimony of the injured as well as medical expert. Now, medical expert has been examined during the course of trial. It is submitted that injured of this case committed suicide and therefore he could not be examined during the course of trial. Thus, this second bail application has been preferred.

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[2024:RJ-JP:5848]

[CRLMB-135/2024]

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that according to the medical expert, injuries were dangerous to life if not treated within time. He further submits that wife of the injured has also been examined during the course of trial and she has admitted the fact that she is not aware about the nature of weapon used by the petitioner. Petitioner is in custody since 24.04.2023. Charge-sheet has been filed and trial of the case will take considerable time. There are no criminal antecedents of the petitioner and further

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custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application and submits that injury sustained by the injured person was dangerous to life.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that according to the medical expert injuries were dangerous to life if not treated within time; charge-sheet has been file; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application.

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This second bail application is accordingly allowed and it is directed that accused-petitioner- Bhairu Lal S/o Nandlal , shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with

[CRLMB-135/2024]

[2024:RJ-JP:5848]

(3 of 3)

two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any 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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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /26

Bheru Lal S/O Nandlal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bheru Lal S/O Nandlal, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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