Allowed

Bannaram v. State of Rajasthan

Rajasthan HC9 Jan 2024CRLMB/141/2024

Case brief

AI extract

What is this about?

The Court allowed the bail application of accused persons facing charges under various sections of the IPC, including attempt to murder and outraging modesty. Finding no factors against bail and noting the trivial nature of the skirmish and probable long trial, the Court granted bail with personal bonds and sureties.

What did the court decide?

Bail granted with personal bonds of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Bannaram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:1277]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 141/2024

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Bannaram S/o Harkharam, Aged About 62 Years, R/o Chandesra, Police Station, Pachpadra, Dist. Balotra. (Presently Lodged At Dist. Jail, Balotra)

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Mangilal S/o Bannaram, Aged About 38 Years, R/o Chandesra, Police Station, Pachpadra, Dist. Balotra. (Presently Lodged At Dist. Jail, Balotra)

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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. Nishant Bora
For Respondent(s)	: Mr. Abhishek Purohit, AGA
	Mr. PradeepShah

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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09/01/2024

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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-petitioners. 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	352/2023
2.	Concerned Police Station	Pachpadra
3.	District	Balotra
4.	Offences alleged in the FIR	Under Sections 341, 323, 354, 308, 509 and 34 of the IPC
5.	Offences added,if any	-
6.	Date of passing o impugned order	f 22.12.2023

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[2024:RJ-JD:1277]

[CRLMB-141/2024]

It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioners and they have been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant – Shri Pradeep Shah oppose the bail application and submits that the present case is not fit for enlargement of accused on bail.

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Heard learned counsel for the petitioners, the learned Public Prosecutor and learned counsel for the complainant Shri Pradeep Shah. After hearing the learned counsel for the parties and perusing the order under assail as well as of the first information report, it is felt that the parties had skirmished on a trivial issue. Prima facie , there seems substance in the submission of the learned counsel for the petitioners that whether or not the injuries allegedly received by the victim would be of such nature that if from the injuries, the victim would have died, the case would fall under the category of a culpable homicide not amounting to murder, this question can only be ascertained after the parties would lead evidence in the trial. At this stage, there are no factors at play against the petitioners to release them on bail. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is

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[2024:RJ-JD:1277]

[CRLMB-141/2024]

deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioners as named in the cause title shall be enlarged on bail provided each of them 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 her 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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121-divya/-

Bannaram v. State of Rajasthan

Case brief

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Bannaram v. State of Rajasthan

Case brief

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