Rajasthan High Court - Jodhpur
Mukesh Singh @ Kalu vs State on 7 November, 2016
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
CRIMINAL MISC. BAIL (CRLMB) No.10190 of 2016
MUKESH SINGH @ KALU - VS - STATE
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IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
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CRIMINAL MISC. BAIL (CRLMB) No.10190 of 2016
PETITIONER:
Mukesh Singh @ Kalu S/o Surat Singh, aged 23 years,
By caste Rajput, Resident of Village Lakhlan Badi,
Tehsil Rajgarh, District Churu.
(At present lodged in Sub Jail, Rajgarh)
VERSUS
RESPONDENT:
The State of Rajasthan
Date of Order : 7.11.2016
HON'BLE MR. VIJAY BISHNOI, J.
Mr. Rakesh Matoria, for the petitioner.
Mr. J.P. Bhardwaj - PP, for the respondent-State.'
Mr. S.K. Punia, for the complainant.
ORDER
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Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by counsel for the complainant and also perused the material on record.
The petitioner has been arrested in FIR No.318/2016 of Police Station, Rajgarh, District Churu for the offences punishable under Sections 304, 341 and 323 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that though initially the FIR was registered against the CRIMINAL MISC. BAIL (CRLMB) No.10190 of 2016 MUKESH SINGH @ KALU - VS - STATE 2/2 petitioner for the offence punishable under Section 302 IPC, however, after investigation, the police has filed charge-sheet against the petitioner for the offence punishable under Section 304 IPC. It is contended that from the postmortem report, it is clear that the brother of the complainant died on account of cardiac arrest.
Learned Public Prosecutor as well as the learned counsel for the complainant have opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Mukesh Singh @ Kalu S/o Surat Singh shall be released on bail in connection with FIR No.318/2016 of Police Station, Rajgarh, District Churu provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI), J.
Abhishek 44