Rajasthan High Court - Jaipur
Balram Jakhar vs State Of Rajasthan on 3 September, 2015
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No.8777/2015 Balram Jakhar versus State of Rajasthan 3.9.2015 HON'BLE MR. JUSTICE MN BHANDARI Mr Vijay Poonia - for petitioner Mr Virendra Godara, PP for the State BY THE COURT:
Learned counsel submits that no injury has been sustained by the injured which can make out a case for offence under section 307 IPC. There exist self contradiction in the FIR as at one place, complainant has not identified any of the accused, however, at another place, he has named all the accused which is not probable if the complainant was not knowing them. The past criminal record should not govern this case. In view of aforesaid, petitioner may be granted bail. He undertakes not to commit same or similar offence during the period of bail, if bail is granted.
On the other hand, learned PP has opposed the bail application.
After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, bail application under section 439 CrPC is allowed. It is ordered that petitioner Balram Jakhar may be released on bail in FIR No.215/2015, registered with Police Station - Udhyog Nagar, Sikar, provided he/she furnishes a personal bond in the sum of Rs.50,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his/her appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.
It is, however, made clear that if petitioner commits same or other offence during the period of bail, prosecution would be at liberty to make an application before this court for cancellation of bail.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW