High CourtsSingle Bench

Ishwar vs State Of Rajasthan

Rajasthan High Court · Decided on 17 October 2022 · Citation: (2022) 10 RAJ CK 0027

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, 341
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 13149 Of 2022
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Judgment

7 paragraphs · 266 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.156/2022 Police Station Danpur, District Banswara for the offence punishable under Sections 341, 323 and 307/34 of the IPC.

Learned counsel for the petitioner submits that according to the statement of injured Sukh Ram, a specific allegation for inflicting grievous injury to him has been levelled upon co-accused Madhu and the present petitioner has only given fist blows to the injured. Challan of the case has already been presented and no investigation is pending against the petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Ishwar S/o Ganesh Maeeda, shall be enlarged on bail in FIR No.156/2022 Police Station Danpur, District Banswara provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.