Rajasthan High Court - Jaipur
Hari Singh Alias Bunti vs State Of Rajasthan Through P.P on 25 August, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7856/2010 Hari Singh @ Bunti Vs. State of Rajasthan Date of order : 25/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Santosh Kumar Jain for the petitioner.
Shri Piyush Kumar, P.P. for the State.
****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for the petitioner is that there are as many as 4 injured from the side of the accused petitioner and two of the injured have sustained grievous injuries. It is contended that the sole grievous injury sustained by injured Ram Sahay has been attributed to co-accused Jai Ram and not to the present petitioner. The Co-ordinate Bench of this Court while considering this fact has granted bail to co-accused Radha Devi, Hansi, Deepu @ Deepak and Harphool Meena vide order dated 29.6.2010 passed in S.B. Criminal Misc. Bail Application No.5531/2010. Case of the present petitioner is not distinguishable with that of co-accused who have already been extended the benefit of bail.
On the other hand learned Public Prosecutor has opposed the bail application. However, he was not in a position to dispute the factual correctness of the submissions made above.
Having regard to the submissions made at the bar, the nature of accusation against the petitioner, the materials collected so far during the course of investigation and all other facts and circumstances of the case, I deem it just and proper to grant the indulgence of pre-arrest bail to the petitioner.
In the result, this bail application u/S.438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Hari Singh @ Bunti S/O Shri Keshar Lal in FIR No.85/2010, P.S. Kotwali, Sawaimadhopur, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to his satisfaction on the following conditions: -
1) that the petitioner shall make himself available for interrogation by a police officer as and when required;
2) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and
3) that the petitioner shall not leave India without previous permission of the Court.
(MOHAMMAD RAFIQ), J.
Thanv