Rajasthan High Court - Jodhpur
Anil Kumar Shah vs State Of Rajasthan (2024:Rj-Jd:45944) on 13 November, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:45944]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 12834/2024
Anil Kumar Shah S/o Shri Virendra Shah, Aged About 40 Years,
R/o Chhapiya, P.s. Mashark, Dist. Chhapra (Bihar), At Present
R/o Tenant In The House Of Gudha Chhagan Singh, P.s. Mandal,
Dist. Bhilwara,raj. (Presently Lodged In Dist. Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Hathi Singh Jodha, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 13/11/2024 The petitioner has been arrested in connection with FIR No.109/2022 of Police Station Mandal, Dist. Bhilwara for the offence punishable under Sections 147, 148, 341, 323/149, 326/149, 307/149 & 302/149 IPC. He has preferred this third bail application under Section 483 BNSS.
The first bail application was dismissed as withdrawn by this Court on 29.01.2024 with liberty to file a fresh bail application after recording the statements of injured eye witnesses Atish, Surjit and Sanjeet. The second bail application was dismissed as withdrawn by this Court on 26.09.2024.
Counsel for the petitioner submits that an omnibus allegation has been levelled against all the accused persons that all of them caused injuries to the deceased as well as injured Atish. Counsel further submits that statement of eye witness Atish Kumar has been (Downloaded on 13/11/2024 at 10:12:46 PM) [2024:RJ-JD:45944] (2 of 3) [CRLMB-12834/2024] recorded before the trial court as PW-1, wherein he mentioned that all the accused persons attacked the complainant party due to which they sustained injuries, however, in the cross-examination, this witness stated that when they were all sitting on the balcony of terrace, all of a sudden, the balcony collapsed due to which sustained injuries. Likewise, eye witnesses Sujeet Dubey and Sanjeet who were examined before the trial court as PW-5 and PW-6, respectively have categorically mentioned in their statements that they were all sitting together on the balcony of the terrace and all of a sudden the balcony fell down due to which they sustained injuries. Counsel further submits that the accused-petitioner is inside jail since 20.03.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the third bail application.
Having regard to the totality of the facts and circumstances of the case particularly the statements of the eye witnesses PW-1 PW-5 PW-6, 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 483 BNSS.
Accordingly, the third bail application filed under Sec.483 BNSS is allowed and it is directed that petitioner Anil Kumar Shah S/o Shri (Downloaded on 13/11/2024 at 10:12:46 PM) [2024:RJ-JD:45944] (3 of 3) [CRLMB-12834/2024] Virendra Shah shall be released on bail in connection with FIR No.109/2022 of Police Station Mandal, Dist. Bhilwara, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J 161-GKaviya/-
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