High CourtsSingle Bench

Ishwar And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 17 November 2022 · Citation: (2022) 11 RAJ CK 0086

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 323, 333, 341
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous 2nd Bail Application No. 14501 Of 2022
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Judgment

7 paragraphs · 278 words

Manoj Kumar Garg, J

The instant second bail application has been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 168/2022 registered at Police Station Kalinjra, District Banswara, for the offences punishable under Sections 341, 332, 333, 353 and 307/34 of IPC.

The first bail application was dismissed as not pressed on 27.9.2022.

Learned counsel for the petitioners submits that now challan of the case has already been filed and no specific averment has been made against the petitioners. Counsel submits that the injured has also been discharged from the hospital. The petitioners are behind the bars 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-petitioners.

Learned Public Prosecutor has opposed the second bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Ishwar S/o Nathu; and (2) Mohan S/o Nathu shall be released on bail in connection with FIR No. 168/2022 registered at Police Station Kalinjra, District Banswara, provided each of them execute personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.