Umesh Yadav S/O Shri Harphool ... vs State Of Rajasthan

Citation : 2021 Latest Caselaw 2689 Raj/2
Judgement Date : 7 July, 2021

Rajasthan High Court
Umesh Yadav S/O Shri Harphool ... vs State Of Rajasthan on 7 July, 2021
Bench: Pankaj Bhandari
        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Fourth Bail Application No.
                                5263/2021

Umesh Yadav S/o Shri Harphool Singh, Aged About 31 Years, R/o
Santadiya Ps Singhana Tehsil Buhana Dist. Jhunjhunu (At
Present Confined In Dist. Jail Jhunjhunu)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Anil Kumar Upman, through VC For Complainant(s) : Mr. Shivraj Chauhan : Mr. Hemant Sharma, through VC For State : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 07/07/2021

1. The matter comes up on an application filed by the applicant for interim bail.

2. F.I.R. No.110/2019 was registered at Police Station Khetri Nagar, District Jhunjhunu for offence under Sections 147, 148, 149, 450, 302, 458 & 459 of IPC and Sections 3/25 of Arms Act.

3. It is contended by counsel for the petitioner that petitioner's wife is having problem of excessive bleeding and has to be operated. It is also contended that petitioner has remained in custody for a period of two years. Out of 27 witnesses only one witness has been examined till date.

4. Learned Public Prosecutor and counsel for the complainant have opposed the application for interim bail. It is contended that (Downloaded on 09/07/2021 at 09:50:08 PM) (2 of 2) [CRLMB-5263/2021] petitioner's third bail application was rejected by the Court on 20.10.2020 and the reason for rejection was that 23 cases are registered against the petitioner, to which counsel for the petitioner contends that out of the list of 23 cases, he stands acquitted in 16 cases.

5. I have considered the contentions.

6. Taking note of the fact that the petitioner has remained in custody for a period of two years and his wife is having excessive bleeding and requires some surgery, I deem it proper to allow application for interim bail for a period of six weeks.

7. This application for interim bail is accordingly allowed and it is directed that accused-petitioner shall be released on interim bail for a period of six weeks. Petitioner is granted interim bail 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 learned trial court with the stipulation that he shall surrender before the Jail Authorities on 20.08.2021.

8. List the main bail application on 16.08.2021.

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