Bharat Kumar vs State Of Rajasthan
2021 Latest Caselaw 8735 Raj

(1 of 2) [CRLMB-2985/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2985/2021

Bharat Kumar S/o Sh. Mangilal, Aged About 36 Years, B/c Bheel, R/o Agwari Road, Gudabalotan, Police Station Ahore, Dist. Jalore (Raj.). (Presently Lodged In District Jail, Jalore).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Shah, Adv. For Respondent(s) : Mr. SS Rajpurohit, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

01/04/2021

The petitioner has been arrested in connection with FIR

No.73/2020 of Police Station Ahore, Dsitrict Jalore, for the offence

punishable under Sections 147, 148, 323, 450 & 302/149 IPC. He

has preferred this second bail application under Section 439

Cr.P.C.

This is second bail application. The first bail application was

dismissed on 06.10.2020 with liberty to file afresh after recording

the statement of Smt. Leela Devi.

Counsel for the petitioner submits that now the statement of

Smt. Leela Devi has been recorded before the trial court and she

specifically mentioned in her statement that Mangilal and the

present petitioner inflicted injury on the head of the deceased.

According to the injury report, only one injury was found on the

head of the deceased and the deceased had expired after five

days of the incident. There are cross cases between the parties

(2 of 2) [CRLMB-2985/2021]

and the accused-parties also suffered injury in the incident. The

accused-petitioner is in custody since long and the trial of the case

will take sufficient long time to be concluded. Therefore, the

benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the second bail

application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Bharat Kumar

S/o Sh. Mangilal shall be released on bail in connection with FIR

No.73/2020 of Police Station Ahore, Dsitrict Jalore, provided he

executes a personal bond in a sum of Rs.1,00,000/- with two

sound and solvent sureties of Rs.50,000/- each to the satisfaction

of learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(MANOJ KUMAR GARG),J 136-MS/-

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