Allowed

Swai Singh v. State of Rajasthan

Rajasthan HC29 Jul 2024CRLMB/7035/2024

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed bail to two petitioners charged with offences under Sections 307, 323, and 34 IPC. Considering that injuries were not dangerous to life and the trial was pending, the court found substantial grounds to question the prosecution case and ordered their release on bail subject to furnishing bonds.

What did the court decide?

Release of accused-petitioners on bail requiring a personal bond and two surety bonds along with submission of bank details and Aadhar cards.

Swai Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:31058]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7035/2024

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Swai Singh S/o Shri Indra Singh, aged about 22 Years, R/ o Chak 1BM Shivnagar, Police Thana Pungal, District Bikaner.

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Tirath Singh S/o Shri Gopal Singh, Aged About 20 Years, R/o Chak 1 KWM, Aaduri, Police Thana Pungal, District Bikaner ( Presently Lodged At District Jail Bikaner)

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr. Jagatveer Singh Deora
For Respondent(s)	: Mr. Arun Kumar, PP with
	Mr. C.P. Marwan
	Mr. Mohan Singh Bhati

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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29/07/2024

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The prayer made in this bail petition filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report Number 68/2024 of Police Station Pungal, District Bikaner in respect of offence(s) punishable under Section(s) 307, 323, 34 of I.P.C.

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This Court has carefully perused the record as well as considered the submissions made by learned counsel for the parties.

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Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the

[2024:RJ-JD:31058]

[CRLMB-7035/2024]

(2 of 3)

applicant. He thus, craves rejection of the applicants’ bail application.

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I have given my anxious consideration to the rival submissions with reference to material placed before me. 5. On perusal of the record and upon consideration of the submissions, it would be prima facie clear that in the present matter, Bahadur Singh has received injuries and after X-ray, injuries No.3, 4 and 6 caused to him were found fractures but not on the vital part of the body and also not opined as dangerous to his life. Charge-sheet has already been filed.

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Having considered the material available on record; the arguments advanced by counsel for the applicants particularly the facts narrated above and the fact that applicants are in custody since 03.05.2024; that bail rejection order goes to show that applicants are not involved in any other case; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that the applicants have available to them substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage.

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Consequently, the present bail application is allowed and it is directed that the accused-petitioners Swai Singh S/o Shri Indra Singh and Tirath Singh S/o Shri Gopal Singh arrested in connection with the F.I.R. No.68/2024, registered at Police Station Pungal, District Bikaner shall be released on bail provided each of

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(3 of 3) [CRLMB-7035/2024]

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[2024:RJ-JD:31058]

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them furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of his release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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(RAJENDRA PRAKASH SONI),J

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18-minki/-

Swai Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Swai Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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