Rajasthan High Court - Jodhpur
Manakchand vs State on 15 September, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7781 / 2017
Manakchand S/o Babu Lal, Aged About 25 Years, By Caste Soni,
R/o Sunaron Ki Dhani Dudu, P.S. Dhorimanna, At Present Lalji Ki
Dungari, P.S. Sarwana, District Jalore.
(At Present Lodged in Sub Jail Sanchore)
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Rajesh Choudhary.
For Respondent(s) : Mr. Deepak Choudhary, PP for the State.
For Complainant : Mr. Vijay Raj Bishnoi.
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 15/09/2017 This is the second attempt by petitioner for seeking bail in connection with FIR No.62/2017 of Police Station Sarwana, District Jalore, wherein he is charged for offence punishable under Sections 307 & 326A IPC. The first bail application bearing No.5977/2017 laid on behalf of petitioner was dismissed as not pressed on 10th of August, 2017 with liberty to file fresh after submission of charge-sheet.
Arguing on this second bail application learned counsel for the petitioner has submitted that there is substantial change in circumstances inasmuch as charge-sheet in the matter has been filed. It is also submitted by learned counsel that the entire story (2 of 3) [CRLMB-7781/2017] appears to be highly improbable for the reason that FIR itself was lodged after a lapse of almost seven months. Learned counsel has referred to a very vital fact that incident allegedly occurred on 23 rd of November, 2016 but the same was reported on 15 th of June, 2017. Learned counsel has further submitted that even the injuries suffered by victim are superficial and not grave in nature, and therefore, in the backdrop of facts and circumstances of case, the petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application. It is argued by learned Public Prosecutor that looking to the seriousness of offence under Section 326A IPC attributed to the petitioner, i.e., throwing corrosive substance on the victim, he is not entitled for grant of bail.
Learned counsel for the complainant, Mr. Vijay Raj Bishnoi, has vehemently argued that petitioner is not entitled for bail.
I have bestowed my consideration to the arguments advanced at the Bar and perused the materials available on record.
Having regard to the facts and circumstances of the case, without expressing any opinion on merits of the case, I feel persuaded to accede to the prayer of petitioner for grant of bail.
(3 of 3) [CRLMB-7781/2017] Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Manakchand S/o Babu Lal, arrested in connection with F.I.R. No.62/2017, Police Station Sarwana, District Jalore, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(P.K. LOHRA)J. Twinkle Singh/30