The High Court allowed bail applications filed by three accused persons charged with offences under Sections 147, 148, 149, and other sections of IPC. The court granted bail despite a charge-sheet, directing release upon furnishing bonds.
Bail granted on personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:1745]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13419/2023
(Both are resident of Near Gurudwara, Naugawa, Police Station, Naugawa, District Alwar (Raj.) and At present residing at A-246-A Block, Jahangirpuri, Police Station Mahindra Park, Delhi. (Petitioners are in Judicial Custody in District Jail Alwar)
----Petitioners
Versus
----Respondents
Connected With
S.B. Criminal Miscellaneous Bail Application No. 244/2024
Kaluram S/o Sh. Badhan, Aged About 45 Years, R/o Near Gurudwara Nogava, Police Station Nogava, District Alwar Raj. (Presently Confined In District Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Its Pp
----Respondent
| For Petitioner(s) | : Mr. |
Manish Gupta |
|---|---|---|
| Mr. Mr. |
Banvari Lal Saini Nikhil Saini |
|
| For Respondent(s) | : Mr. Mr. |
Mangal Singh Saini, PP Dharmendra Kumar |
| Mr. | Adarsh Singhal | |
| Mr. | Chitransh Saxena |
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order
10/01/2024
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[CRLMB-13419/2023]
(2 of 3)
filed the charge-sheet in this matter for the offences under Sections 147, 148, 149, 323, 307, 302, 324, 325 & 326 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. They further submit that it is a case of free fight and about 47 persons have been named in the FIR. They also submit that cross cases have been registered between the parties. They submit that six persons of the petitioner side have also sustained injuries. They submit that no overt act has been assigned to the present petitioners. According to the postmortem report of both the deceased, it appears that cause of death is incised wound. They further submit that eight injuries were found on the person of one deceased and two injuries were found on the person of other deceased. They submit that according to the charge-sheet, complainant was aggressor. No sharp-edged weapon has been recovered at the instance of the petitioners. Three other co-accused persons namely - Beena Devi, Dayawati & Ganga Devi have already been granted bail. There are no criminal antecedents of the petitioners. The petitioners are in custody since their date of arrest and trial of the case will take considerable time. They also contend that further custody of the petitioners would not serve any fruitful purpose.
(3 of 3)
[2024:RJ-JP:1745]
[CRLMB-13419/2023]
attacked the victims, which resulted in death of two persons. They submit that 12 other persons have also sustained injuries.
(ANIL KUMAR UPMAN),J
49-50-Nirmala
2 issues framed by the court
Whether bail should be granted to petitioners accused under Sections 147, 148, 149, and other offences of IPC given they were present at the scene but no overt act was assigned.
What conditions should be imposed on the release of accused petitioners on bail.
2 provisions across 2 enactments
Gopal Son Of Shyamlal
Chatar Son of Shyamlal
Kaluram S/o Sh. Badhan
State Of Rajasthan
Pyarelal Son Of Chhotaram
Anil Kumar Upman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
