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Mukesh Kumar vs State of Rajasthan

Rajasthan High Court · Decided on 20 May 2011 · Citation: (2011) 05 RAJ CK 0066

HON’BLE JUDGES
Mohammad Rafiq, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 173(8), 439 · Penal Code, 1860 (IPC) — Section 143, 307, 323, 325
CASE NUMBER
Criminal Miscellaneous 2nd Bail Application No. 4526 of 2011
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Judgment

4 paragraphs · 245 words

Mohammad Rafiq, J.—Contention of the learned Counsel for the Petitioner is that though investigation against the Petitioner has been kept pending u/s 173(8) Code of Criminal Procedure but the injury, which has been opined to be dangerous to life has been attributed to accused Bhaggu Ram and not to the Petitioner. The fracture of shoulder on the person of Sultan has been attributed to the Petitioner. Petitioner is in jail for last more than two months. The challan has been filed. There is no previous case registered against the Petitioner. Trial of the case may take long.

2.

Learned Public Prosecutor as well as learned Counsel for the complainant have both opposed the bail application but could not controvert the aforesaid facts.

3.

Having regard to the totality of the circumstances and considering the arguments aforenoted, I am inclined to enlarge Petitioner on bail.

4.

In the result, this second bail application of u/s 439 Code of Criminal Procedure is allowed and it is directed that Petitioner - Mukesh Kumar S/o Shri Ratana Ram shall be released on bail in FIR No. 279/2010 registered at P.S. Thoi, District Sikar for offence Under Sections 143, 307, 325 and 323 IPC on his furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.