High CourtsSingle Bench

Manish vs State Of Rajasthan

Rajasthan High Court · Decided on 3 August 2022 · Citation: (2022) 08 RAJ CK 0006

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307, 323, 324, 341 · Arms Act, 1959 — Section 4, 25 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 7859 Of 2022
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Judgment

7 paragraphs · 296 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with F.I.R. No.249/2022 of Police Station Udaimandir, District Jodhpur, for the offence punishable under Sections 341, 323, 324, 307/34 of IPC and Section 4/25 of Arms Act . He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that according to the statement of injured Ashok, he specifically mentioned that co-accused Anopa Ram caused injuries to him as well as to the injured Priyanka by knife and no specific role has been assigned to the present petitioner. He further submits that recovery of knife has been made only from the co-accused Anopa Ram. Challan of the case has already been presented and no investigation is pending. The accused-petitioner is in judicial custody 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-petitioner.

Learned Public Prosecutor and learned counsel for the complainant opposed the 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 petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Manish S/o Oma Ram, shall be released on bail in connection with F.I.R. No.249/2022 of Police Station Udaimandir, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.