Rajasthan High Court - Jaipur
Rajulal And Anr vs State Of Rajasthan Through Pp on 3 January, 2017
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16026 / 2016
1. Rajulal S/o Roopnarayan B/c Gurjar, R/o Surgarh, Police Station
Bamanwas, District Sawaimadhopur. (At Present Accused is
Confined in Sub Jail, Gangapur City, District Sawai Madhopur).
2. Gajanand S/o Roopnarayan B/c Gurjar, R/o Surgarh, Police
Station Bamanwas, District Sawaimadhopur. (At Present Accused
is Confined in Sub Jail, Gangapur City, District Sawai Madhopur).
----Accused/ Petitioners
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ Counsel For Petitioner(s) : Mr. Braham Singh Gurjar Counsel For Respondent(s) : Mr. Rajneesh Gupta Public Prosecutor : Mr. Rajendra Raghav _____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 03/01/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioners Rajulal and Gajanand in the matter of FIR No. 170/2016 registered at Police Station Batoda, District Sawaimadhopur for offences punishable under Sections 341, 323, 324, 325, and 307 IPC.
(2 of 3) [CRLMB-16026/2016] Learned Counsel for petitioner Mr. Braham Singh Gurjar submits that in FIR, there is allegation for inflicting injury of Dhariya on the head of injured Pappulal while as per injury report injury No. 1 is lacerated wound which cannot be inflicted by sharp aged weapon. He submits that injured in his statement clearly stated that blunt side of Dhariya was used for inflicting injury No. 1, therefore, there was no intention to attempt to murder.
Learned Public Prosecutor Mr. Rajender Raghav opposed the bail application.
I have considered the submissions made at bar. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioners Rajulal and Gajanand.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
Therefore, it is ordered that the accused-petitioner (1) Rajulal S/o Shri Roopnarayan (2) Gajanand S/o Roopnarayan in FIR No. 170/2016 registered at Police Station Batoda, District Sawaimadhopur, shall be released on bail;
(3 of 3) [CRLMB-16026/2016] provided they furnish a personal bond of Rs. 2,00,000/- and two surety bonds of Rs.1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.
(BANWARI LAL SHARMA)J. Simple/14