Allowed

Nasir S/O Shri Israil v. State of Rajasthan

Rajasthan HC18 Jul 2024CRLMB/4456/2024

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Ganesh Ram Meena allowed the bail application. The Court noted conflicting versions regarding the cause of death and recovery of the firearm, and without expressing an opinion on merits, deemed it just to grant bail.

What did the court decide?

Enlarged the accused-petitioner on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Nasir S/O Shri Israil Vs State of Rajasthan — Arbitration | Rajasthan HC (2024)

¶1

[2024:RJ-JP:29968]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 4456/2024

¶4

Nasir S/o Shri Israil, Aged About 24 Years, R/o Village Nakhnoul, Police Station Naugawa, District Alwar. (Petitioner Is In Judicial Custody In Central Jail, Alwar).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through PP

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. C.G. Chopra, Public Prosecutor Mr. Prakash Chand Thakuriya for complainant

¶10

HON'BLE MR. JUSTICE GANESH RAM MEENA

¶11

Order

¶12

18/07/2024

¶13

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.457/2023 registered at Police Station Naugawa, District Alwar for offences under Sections 302, 147, 148, 149 and 323 IPC.

¶14

Learned counsel for the petitioner submits that the petitioner is behind the bars since 14.12.2023. He further submits that the petitioner has falsely been implicated in this case. He also submits that a scuffle took place between the families of two uncles of the petitioner and he was just mediating between them. He further submits that in the FIR lodged on the behest of son of the deceased, the allegation levelled for firearm injury to the deceased is against Aliyad and no specific overt act assigned to the

[2024:RJ-JP:29968]

[CRLMB-4456/2024]

(2 of 3)

petitioner and therefore, the cause of death is gunshot injury sustained by the deceased on his lower abdomen. Therefore, the accused-petitioner may be released on bail.

¶19

Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application and submits that in the statement of the eye-witness, namely, Najja recorded under Section 161 Cr.P.C., the allegation is against the accusedpetitioner for causing gunshot injury to the deceased which is the cause of death. It is further submitted that the firearm used in committing the offence has been recovered at the instance of the petitioner, therefore, he does not deserve any interference by this Court.

¶20

Considered the submissions and also perused the challan papers.

¶21

In the FIR registered at the behest of son of the deceased who claims to be the eye-witness, there is no specific overt act assigned to the petitioner and the allegation of causing gunshot injury to the deceased is against Aliyad. In this manner there are two kind of versions about gunshot injury sustained by the deceased.

¶22

The recovery of firearm alleged to be made at the instance of the accused-petitioner is from open place.

¶23

Taking into consideration overall facts and circumstances of the case as referred above, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

(3 of 3)

[2024:RJ-JP:29968]

[CRLMB-4456/2024]

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above in connection with FIR No.457/2023 registered at Police Station Naugawa, District Alwar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

¶28

(GANESH RAM MEENA),J

¶29

Ashish Kumar /31

Nasir S/O Shri Israil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nasir S/O Shri Israil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam S/O Govindsingh Vs State of Rajasthan

Praveen Kumar Menawat S/O Shri Ramkaran Vs State of Rajasthan

Narendra Kumar Meena S/O Shri Ramkumar Meena Vs State of Rajasthan

Akash Sahariya S/O Roopnarayan Sahariya Vs State of Rajasthan

Kailash Chand Sharma S/O Shri Kishanchand Vs the State of Rajasthan

Siraj Ahmed S/O Sh. Israr Vs the State of Rajasthan