Allowed

Chand Singh v. State of Rajasthan

Rajasthan HC4 Apr 2024CRLMB/1708/2024

Case brief

AI extract

What is this about?

Justice Manoj Kumar Garg allowed the second bail application filed by Chand Singh under Section 439 Cr.P.C. The High Court held that since the injuries were on non-vital parts and simple in nature, and considering the custodial period, granting bail was just and proper.

What did the court decide?

The petitioner is granted bail and directed to execute a personal bond of Rs. 1,00,000/ with two sureties of Rs. 50,000/- each.

Chand Singh Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JD:14918]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1708/2024

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Chand Singh S/o Shri Hadmansingh, Aged About 29 Years, R/o Sambadiya, P.s. Bilara, Dist. Jodhpur. (At Present Lodged In Central Jail Jodhpur).

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----Petitioner

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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. B.S.	Rathore
For Respondent(s)	: Mr. S.S.	Rajpurohit,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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04/04/2024

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The petitioner has been arrested in connection with FIR No.264/2020 of Police Station Bilara, District Jodhpur, for the offence punishable under Sections 341, 323, 325, 326, 307, 302/34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C. The first bail application was dismissed as not pressed by this Court on 08.09.2022 with liberty to file afresh after recording the statement of Doctor.

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Learned counsel for the petitioner submits that now the Doctor has been examined before the trial Court as PW/8 and according to the postmortem report, all the injuries received by the deceased are on the non-vital parts of his body and the Doctor has also corroborated the same. Counsel further submits that Doctor has submitted that all the injures are simple in nature. The accused-petitioner is in judicial custody since 16.06.2020 and the trial of the case will take sufficient long time to be concluded.

[2024:RJ-JD:14918]

[CRLMB-1708/2024]

(2 of 2)

Therefore, the benefit of bail should be granted to the accusedpetitioner.

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Learned Public Prosecutor vehemently opposed the bail application and submits that the specific allegation has been levelled against the petitioner for causing the injuries, therefore, bail may not be granted.

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Having regard to the totality of the facts and circumstances of the case, according to the statement of Doctor (PW/8), he clearly mentioned that all the injuries received by the injured on his non-vital part of the body and the injuries are simple in nature and the petitioner is behind the bars for about four years, therefore, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Chand Singh S/o Shri Hadman Singh shall be released on bail in connection with FIR No.264/2020 of Police Station Bilara, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG),J

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203-Ishan/-

Chand Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chand Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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