Rajasthan High Court - Jodhpur
Raju @ Rajkumar vs State Of Rajasthan (2023/Rjjd/009265) on 10 April, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023/RJJD/009265]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13009/2022
Raju @ Rajkumar S/o Meer Khan, Aged About 19 Years, R/o
Morchucha, P.S. Kotda, Dist. Udaipur.
(At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. Shrawan Kumar, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 10/04/2023 This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.81/2022, registered at Police Station Kotda, District Udaipur, for offences under Sections 143, 147, 149 & 302 IPC.
Learned counsel for the petitioner submitted that from perusal of the statements of the independent witnesses namely Dhanna & Ishwar recorded under Section 161 Cr.P.C. and challan papers, it is evident that the deceased Naresh was having lathi in his hand who swinged it in the air causing apprehension of a lathi blow to the petitioner, who in self defense pelted stone at him in order to save his life. It was also submitted that though the pelting of stone upon the deceased is said to be the cause of death but the same was done with an intent to save his life. The petitioner is in judicial custody and the trial of the case will take (Downloaded on 11/04/2023 at 12:26:44 AM) [2023/RJJD/009265] (2 of 2) [CRLMB-13009/2022] sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Raju @ Rajkumar S/o Meer Khan arrested in connection with F.I.R. No.81/2022, registered at Police Station Kotda, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 42-Prashant/-
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