AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
16 paragraphs · 340 wordsThe present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 174/2020
registered at Police Station Nasirabad City, District Ajmer for the offence under Section(s) 323, 341 & 34 of IPC and later on for the offence under
Section(s) 323, 341, 34, 307 & 325 of IPC.
Learned counsel for the petitioner submitted that after dismissal of the first bail application, charge sheet has been filed; hence, the second bail
application. He contended that it is a case of version and cross version arising out of free fight between the parties. He submitted that the petitioner
has also received grievous injury in the shape of fracture on his left hand. Learned counsel submitted that in view of the allegation that he hit injured
Rajesh with stick, no inference of Section 307 IPC can be drawn. He submitted that the petitioner is in custody since 04.12.2020, charge sheet has
been filed, trial of the case will take time, he has no criminal antecedents and prays for his release on bail.
Learned Public Prosecutor has opposed the second bail application.
Taking into consideration the contentions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody,
filing of charge sheet, absence of criminal antecedents and the material available in the charge sheet; but, without expressing any opinion on the merits
of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application is allowed and it is directed that accused-petitioner Rakesh S/o Om Prakash shall be released on bail under
Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he 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 he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.