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Tulcha Ram @ Tulchharam vs State of Rajasthan

Rajasthan High Court · Decided on 1 September 2016 · Citation: (2016) 2 WLCRajUC 494

HON’BLE JUDGES
Mr. Pankaj Bhandari, J.
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 307 34, 323, 341
RESULT
Allowed
CASE NUMBER
Criminal Misc. Bail Application No. 7066 of 2016
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Judgment

6 paragraphs · 302 words

Mr. Pankaj Bhandari, J.—The allegations in the FIR pertains to Sections 341, 323, and 307/34 IPC.

2.

The contention of learned counsel for the petitioner is that petitioner''s father also lodged an FIR against the complainant that the complainant of this case gave beating to the petitioner''s father, as a result of which, he has sustained fracture of nose and ribs. It is also contended that initially there were 9 injuries and later on the medical board has included the bruises and has increased the number of injuries to 36.

3.

The contention of learned counsel for the complainant as well as learned Public Prosecutor is that the injured is a 62 years old person who has been seriously wounded by the petitioner and the injuries have been cumulatively considered to be dangerous to life by the medical board.

4.

I have considered the rival contentions.

5.

The injury report does not make a mention of any injury to be grievous in nature. The Board has opined that "the injuries may be dangerous to life". Taking note of the same as also the fact that the petitioner''s father has also lodged the cross FIR in which he has levelled allegation that he has sustained fracture of nose and ribs, I am inclined to grant bail to the petitioner.

6.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Tulcha Ram @ Tulchha Ram S/o Sita Ram arrested in connection with F.I.R. No. 170/2016 of Police Station Pipar City District Jodhpur 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.