Allowed

Pappu S/O Hariram v. State of Rajasthan

Rajasthan HC28 Nov 2024CRLMB/4905/2024

Case brief

AI extract

What is this about?

This judgment allows bail to the petitioner in a criminal case involving serious offences including murder and affray. The court noted prima facie that the fatal injury allegations are against another accused, Vishnu, and granted bail contingent on furnishing a personal and surety bond. The petitioner must appear on specified dates.

What did the court decide?

Release of the accused petitioner on bail by furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Pappu S/O Hariram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:48857]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 4905/2024

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Pappu S/o Hariram, R/o House No. 308, Veersavarkar Nagar, P.s. Mahaveer Nagar, Kota City (Raj.) (At Present Confined In J.c. Distt. Kota).

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----Petitioner

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Versus

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State Of Rajasthan, Through The PP

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----Respondent

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For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Amit Punia, PP For Complainant(s) : Mr. Abdul Kalam Khan

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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28/11/2024

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The instant bail application has been filed under Section 439 Cr.PC on behalf of the petitioner, who has been arrested in connection with FIR No.597/2023 registered at Police Station Mahaveer Nagar, District Kota City (Rajasthan) for the offences punishable under Sections 147, 148, 149, 323, 307 & 302 of IPC. During investigation, offences punishable under Sections 147, 148, 149, 323, 307, 302 & 324 of IPC have been proved against the petitioner.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that it appears from the record that main allegation of causing fatal injury (knife injury) is against the accused Vishnu who is son of the petitioner. Counsel submits that there is no allegation against the petitioner to cause knife injury on the person on the deceased.

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[2024:RJ-JP:48857]

[CRLMB-4905/2024]

Counsel submits that according to the post-mortem report, cause of death is knife injury which is attributed to accused Vishnu. Counsel submits that charge-sheet has already been filed in this matter. Petitioner is in custody since 30.12.2023 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the submissions made by counsel for the petitioner. Counsel for the complainant submits that petitioner is named in the FIR and he actively participated in commission of crime.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of

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the case; considering the arguments advanced by learned counsel for the parties as also the fact that, prima facie it is appearing that allegation of causing fatal injury on the person of the deceased is against the accused Vishnu; charge-sheet has already been filed in this matter; petitioner is in custody since 30.12.2023 and trial will take time, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner Pappu S/o Hariram 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

[2024:RJ-JP:48857]

[CRLMB-4905/2024]

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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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Office is directed to send copy of this order forthwith to the accused petitioner through concerned Jail Superintendent. Office is also directed to send copy of this order to the concerned trial court forthwith. After receiving copy of this order, the learned trial court shall intimate the accused petitioner regarding this bail granting order.

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It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence on first Monday of every month in the concerned police station.

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If any breach of these conditions is reported or come to the notice 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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The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /92

Pappu S/O Hariram v. State of Rajasthan

Case brief

What is this about?

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Pappu S/O Hariram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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