High CourtsSingle Bench

Jaikaran And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 3 July 2020 · Citation: (2020) 07 RAJ CK 0212

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 143, 323, 324, 325, 341, 427
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 6329 Of 2020
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Judgment

17 paragraphs · 333 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 139/2020

registered at Police Station Pilani District Jhunjhunu for the offence(s) under Section(s) 143, 341, 323 and 427 and later on for offence(s) under

Section(s) 341, 323, 324, 325, 308/34 IPC.

Learned counsel for the petitioners submits that he has already removed the defects.

It is contended by learned counsel for the petitioners that looking to the nature of the injuries suffered by the injured Deep Chand, it is apparent that

the offence does not travel beyond the scope of Section 325 IPC. He submits that the petitioners are in custody for about a month, investigation

against them is complete, they have no criminal antecedents and prays for release of the petitioners on bail.

Learned Public Prosecutor assisted by the learned counsel for the complainant opposing the bail application submitted that the injured has received

injury on his head with sharp edged weapon and the petitioners do not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsel for the petitioners, the nature of the injuries suffered by Deep Chand, length of

the custody of the petitioners, absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just

and proper to enlarge the petitioners on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioners (1) Jaikaran S/o Udamiram, (2) Karan Singh S/o Udamiram, (3)

Maniram S/o Udamiram and (4) Satish S/o Maniram shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR

registered at concerned Police Station, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together

with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall

comply with all the conditions laid down under Section 437(3) Cr.P.C.