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Rajesh Kuamr S/o Randheer vs State of Rajasthan

Rajasthan High Court · Decided on 11 April 2017 · Citation: (2017) 04 RAJ CK 0046

HON’BLE JUDGES
Sandeep Mehta
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-439>Section 439</a> - Special powers of High Court or Court of Session regarding bail · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-34>Section 34</a>, <a href=1767-307>Sec
RESULT
Allowed
CASE NUMBER
1888 of 2017
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Judgment

27 paragraphs · 271 words
1.

Heard learned counsel for the petitioner and learned Public

Prosecutor as well as learned counsel for the complainant. Perused

the material available on record.

2.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.209/2016, registered at Police Station

Hamirwas, District Churu for the offences under Sections 307,

341, 323 and 325 / 34 IPC.

3.

Cross cases were registered interse between the parties. The

petitioner is alleged to have caused head injures to the injured Raj

Kumar and Sajana. Upon X-ray examination, the head injury of

Raj Kumar was found to be simple in nature. A fracture was

noticed on the parietal bone of Sajana. However, the external

injury on her head was caused by a sharp weapon. The petitioner

was admittedly armed with a lathi during the incident.

4.

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner deserves to be released on bail.

5.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Rajesh Kumar

arrested in connection with the F.I.R. No.209/2016, registered at

Police Station Hamirwas, District Churu shall be released on bail

provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- each to the satisfaction of the learned

trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.