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
8 paragraphs · 344 wordsKuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.193/2022 registered at Police Station Kushalgarh, District Banswara for offence under Section 302 of IPC.
Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submitted that as per the prosecution story, the petitioner caused injuries to the deceased by kicking him at the stomach and abdomen area. The deceased while undergoing treatment at a hospital in Kushalgarh, succumbed to the injuries. Learned counsel submitted that the injuries were inflicted by the petitioner upon the deceased, in the spur of moment without any intention to commit murder of the deceased-Prakash. Learned counsel vehemently submitted that if the injuries are taken on their face value, the accused cannot be charged under Section 302 IPC and the offence alleged to have been committed will come either under Section 325 IPC or at best Section 304 (Part II) IPC. He thus, implored the Court to accept the application for bail and enlarge the petitioner on bail.
Per contra, learned Public Prosecutor opposed the bail application.
Heard.
Considering the arguments advanced by the counsel for the parties and after perusing the FIR and the charge-sheet, this Court prima-facie finds force in the submission made by learned counsel for the petitioner and also looking to the possibility that the trial may take long time to conclude, deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Santosh W/o Shri Kailash shall be enlarged on bail in connection with FIR No.193/2022 registered at Police Station Kushalgarh, District Banswara, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.