Allowed

Hemraj S/O Chhote Lal v. the State of Rajasthan

Rajasthan HC15 Apr 2024CRLMB/3051/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. for an accused arrested for offences under Sections 323, 341 and 34 IPC. The court noted the injuries were not dangerous to life and the accused had been in custody long with trial likely to take considerable time, and enlarged him on bail without commenting on merits.

What did the court decide?

Accused-petitioner enlarged on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Hemraj S/O Chhote Lal Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:17275]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3051/2024

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Hemraj S/o Chhote Lal, Aged About 60 Years, R/o Dhani Sahajpur Patti Khurd, Bamanwas, Police Station Bamanwas, District Gangapur City. (The Accused Petitioner Presently Confined In District Jail, Gangapurcity).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Rajneesh Gupta
For Respondent(s)	: Mr.	N. S. Gurjar-PP
	Mr.	Mukesh Pal Jadoun
	Mr.	Jai Prakash Poswal

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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15/04/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.346/2023 registered at Police Station Bamanwas, District Gangapur City for the offence(s) under Sections 323, 341 & 34 of IPC.

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Learned counsel for the petitioner submits that the accusedpetitioner has been falsely implicated in the case. He further submits that head injury caused to injured Vijay Kumar was not attributed to the accused-petitioner and it was attributed to the other co-accused. The case under Section 308 of the IPC is not made out against the accused-petitioner. The accused-petitioner is an old-age person. The other co-accused Manoj @ Kallu has already been enlarged on bail. The accused-petitioner is in custody

[2024:RJ-JP:17275]

[CRLMB-3051/2024]

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since long and the trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accusedpetitioner.

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Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of complainant vehemently oppose the bail application and contended that accused-petitioner along with other co-accused after preparation, attacked the complainant party and caused grievous injuries to Radha Mohan, Ram Ratan and Vijay Kumar. As a result of injuries, Vijay Kumar sustained grievous injury at his nasal bone. Similarly, injured Ram Ratan also sustained grievous injuries at his thumb/index finger and mid forearm and injured Radha Mohan also suffered grievous injury at his left forearm. He further contended that as a result of sudden attack, injured Radha Mohan also sustained injuries at his head and all the injured remained hospitalized due to injuries caused by accused-petitioner and other co-accused. The accused-petitioner have criminal antecedents, therefore, considering the gravity of offences, the bail application of the accused-petitioner may be dismissed.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that the injuries caused to injured Ram Ratan, Radha Mohan and Vijay Kumar are not found to be dangerous to life and accused-petitioner is in custody since long and trial/investigation of the case may take considerable time, thus, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Hemraj S/o

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[2024:RJ-JP:17275]

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[CRLMB-3051/2024]

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Chhote Lal in connection with FIR No.346/2023 registered at Police Station Bamanwas, District Gangapur City shall be enlarged on bail provided he 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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5-Rahul Joshi

Hemraj S/O Chhote Lal v. the State of Rajasthan

Case brief

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Hemraj S/O Chhote Lal v. the State of Rajasthan

Case brief

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What did the court decide?

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