Rajasthan High Court - Jaipur
Kailash S/O Shri Banshidhar vs State Of Rajasthan on 22 February, 2022
Author: Chandra Kumar Songara
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Criminal Miscellaneous Bail Application No.1889/2022
1. Kailash S/o Shri Banshidhar, aged about 57 Years, PS Patan
Village Dhandhola District Sikar Raj. (Accused Petitioner is
confined in Jail situated in Patan Distt. Sikar)
2. Jagdish S/o Shri Banshidhar, aged about 50 Years, PS Patan
Present R/o Challa Ki Dhani Ps Neemkathana Sadar Dist. Sikar
Raj. (Accused Petitioner is confined in Jail situated in Patan
Distt. Sikar)
3. Lilaram @ Sahil S/o Kailashchand, aged about 30 Years,
Village Dhandhola PS Patan Distt. Sikar Raj. (Accused
Petitioner is confined in Jail situated in Patan Distt. Sikar)
----Accused-Petitioners
Versus
State of Rajasthan through PP
----Respondent
Connected With
2. S.B. Criminal Miscellaneous Bail Application No.2802/2022
Kailash S/o Shri Bodhuram, aged about 60 Years, R/o Village Ward
No. 5 Dhani Upali Kothi Tan Bachhadi Ps Kotputali Distt. Jaipur Raj.
(Accused Petitioner Is Confined In Jail Situated Distt. Sikar)
----Accused-Petitioner
Versus
State of Rajasthan through PP
----Respondent
3. S.B. Criminal Miscellaneous Bail Application No.2803/2022
1. Raju @ Rajendra S/o Kailashchand, R/o Village Dhandhola PS
Patan Distt. Sikar Raj.
2. Mahendra S/o Shri Kailashchand, R/o Village Dhandhola PS
Patan Distt. Sikar Raj.
----Accused-Petitioners
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Prakash Chand Thakuriya, Adv. with
(Downloaded on 24/12/2022 at 01:47:54 PM)
(2 of 3) [CRLMB-1889/2022]
Mr. Ishan Mishra, Advocate
For Respondent(s) : Mr. S.S. Ola, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 22/02/2022 :
1. S.B. Criminal Miscellaneous Bail Application No.1889/2022 and
2. S.B. Criminal Miscellaneous Bail Application No.2802/2022 Aforementioned two bail applications have been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to the petitioners in a case arising out of First Information Report No.482/2021 registered at Police Station Patan District Sikar for offences punishable under Sections 143, 452, 323, 427 and 308 of Indian Penal Code.
Learned counsel appearing for the petitioners submits that the petitioners are behind the bars since long. Counsel further submits that the petitioners have no criminal antecedents, hence, they may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed these bail applications.
Heard learned counsel appearing for the accused-petitioners as well as the learned Public Prosecutor appearing for the State and perused the material made available on record.
As per injury reports of injured Rameshwar, Subhash and Manju, all injuries caused by blunt weapon are simple in nature, therefore, looking to the overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioners on bail.
Accordingly, these bail applications under Section 439 of Cr.P.C. are allowed and it is, hereby, ordered that the accused- (Downloaded on 24/12/2022 at 01:47:54 PM)
(3 of 3) [CRLMB-1889/2022] petitioners, namely (i) Kailash S/o Shri Banshidhar, (ii) Jagdish S/o Shri Banshidhar, (iii) Lilaram @ Sahil S/o Kailashchand and (iv) Kailash S/o Shri Bodhuram shall be enlarged on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each (out of which one surety shall be resident of Sikar District for the petitioner Kailash S/o Shri Bodhuram) to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
3. S.B. Criminal Miscellaneous Bail Application No.2803/2022] Instant application has been preferred under Section 438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioners in a case arising out of First Information Report No.482/2021 registered at Police Station Patan District Sikar for offences punishable under Sections 143, 452, 323, 427 and 308 of Indian Penal Code.
Learned counsel appearing for the petitioners, after having argued the matter at some length, has prayed that he may be permitted to withdraw the present application for grant of pre-arrest bail with liberty to the petitioners to surrender and apply for regular bail before the trial Court Permission, as sought for is granted.
Application is dismissed as withdrawn with liberty aforesaid.
However, if the petitioners surrender before the trial Court and move an application for bail, the trial Court is expected to decide the same as early as possible in accordance with law.
Let a copy of this order be placed in connected files.
(CHANDRA KUMAR SONGARA),J.
Ashok/PAYAL/45-47 (Downloaded on 24/12/2022 at 01:47:54 PM) Powered by TCPDF (www.tcpdf.org)