Allowed

Kaasam S/O Aasu v. the State of Rajasthan

Rajasthan HC17 Jan 2024CRLMB/452/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application filed by the petitioner accused of assault, criminal intimidation, and dishonour of woman under Section 354-B IPC. The court granted bail considering the offences are triable by the Magistrate, lack of antecedents, and custody period, without commenting on merits.

What did the court decide?

Petitioner released on bail, furnishing a bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Kaasam S/O Aasu Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:2661]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 452/2024

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Kaasam S/o Aasu, R/o Fatehapur, Police Station Pahari, District Bharatpur. (Presently Confined In Sub Jail, Deeg).

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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. Ankit Khandelwal For Respondent(s) : Mr. M. K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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17/01/2024

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.422/2023 registered at Police Station Pahari, District Deeg for the offences under Sections 323, 341 and 354-B of IPC. During the course of investigation, offence under Section 326 of IPC has also been added.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that on account of some dispute over watering/irrigating the fields, this false FIR has been registered against the petitioner and no offence under Section 354-B has been found proved against the petitioner during the course of investigation. He further submits that injured is the wife of the real brother of the petitioner. He submits that the alleged offences are triable by

[CRLMB-452/2024]

[2024:RJ-JP:2661]

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Magistrate. There are no criminal antecedents of the petitioner. Petitioner is in custody since 19.12.2023 and further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application. He submits that the sharp injury has been found on middle finger of the injured.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that the alleged offences are triable by Magistrate; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Kaasam S/o Aasu shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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[2024:RJ-JP:2661]

[CRLMB-452/2024]

It is made clear that the accused petitioner shall not involve in any other offence(s) during currency of the bail.

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If breach of this condition is reported or come to the notice

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of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /117

Kaasam S/O Aasu v. the State of Rajasthan

Case brief

What is this about?

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Kaasam S/O Aasu v. the State of Rajasthan

Case brief

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