Allowed

Suresh Kathat v. State of Rajasthan

Rajasthan HC1 Mar 2024CRLMB/170/2024

Case brief

AI extract

What is this about?

This order grants bail in a criminal matter involving cross-FIRs where the court could not prima facie determine which side was the aggressor. The petitioners, having no prior record, were enlarged on bail subject to furnishing a personal bond and sureties.

What did the court decide?

Petitioners enlarged on bail subject to furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each for appearance before the trial court.

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

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[2024:RJ-JD:10446]

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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. 170/2024

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Suresh Kathat S/o Shri Heera Kathat, Aged About 33 Years, R/o Mehrato Ka Badiya, Ramavas, Police Thana Sendra, Dist. Beawar. (At Present Lodged At Sub Jail, Jaitaran)

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Nazir Kathat S/o Heera Kathat, Aged About 26 Years, R/o Mehrato Ka Badiya, Ramavas, Police Thana Sendra, Dist. Beawar.

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(At Present Lodged At Sub Jail, Jaitaran)

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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. Dhanesh Kr. Saraswat
For Respondent(s)	: Mr. AR Choudhary, PP
	Mr. Jagdish,S.I. SHO PS Sendra.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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ORDER

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01/03/2024

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This second application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with FIR No.175/2023 registered at Police Station Sendra, District Pali, for offences under Sections 147, 148, 149, 341, 323, 324 and 307 IPC.

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Learned counsel for the petitioners contended that the petitioners have been falsely implicated in the present case. Learned counsel submitted that it is a case of version and crossversion in which persons from both the sides have sustained injuries. Drawing attention of the Court towards challan submitted by the Investigating Officer in FIR No.176 dated 10.7.2023,

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learned counsel submitted that challan against the accused persons therein has been filed for the offences under Sections 323, 325 and 451/34 IPC.

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Drawing attention of the Court towards FIR, learned counsel submitted that there is a specific allegation against the present petitioners of inflicting injuries upon the injured persons namely Nazeer and Naresh with a sharp weapon (sword). However, during investigation, no such weapon has been recovered.

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Learned counsel submitted that the co-accused persons namely Heera, Janudi, Raziya and Raveena have already been enlarged on bail by this Court.

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Lastly, learned counsel submitted that the petitioners are in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners.

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Per contra , learned Public Prosecutor has vehemently opposed the bail application.

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Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

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Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that there are cross FIRs between the parties. After careful perusal of the challan papers submitted by the investigating agency in both the FIRs, this Court finds that at this stage, it cannot be ascertained as to which of the sides were aggressors. This Court also prima facie finds that the petitioners do not have any criminal antecedents; the prosecution has not shown any apprehension of

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petitioners influencing the witnesses or tampering with the evidence in case they are enlarged on bail. This Court also prima facie finds that the co-accused persons have already been enlarged on bail. Thus, without expressing any opinion on merits/ demerits of the case, this Court is inclined to enlarge the petitioners on bail.

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Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners- (i) Suresh Kathat S/o Shri Heera Kathat and (ii) Nazir Kathat S/o Heera Kathat shall be enlarged on bail in connection with FIR No.175/2023 registered at Police Station Sendra, District Pali, 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 their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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(KULDEEP MATHUR),J

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10-TarunGoyal/-

Suresh Kathat v. State of Rajasthan

Case brief

What is this about?

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Suresh Kathat v. State of Rajasthan

Case brief

What is this about?

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