Sagar vs State
2021 Latest Caselaw 9203 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4475/2021

1. Sagar S/o Gopal, Aged About 21 Years, 382, Sarvodai Nagar, Pali. (Presently Lodged In District Jail, Pali).

2. Pradeep S/o Gopal, Aged About 20 Years, 382, Sarvodai Nagar, Pali. (Presently Lodged In District Jail, Pali).

3. Karan S/o Gopaldas, Aged About 25 Years, New Shakti Nagar, Sarvodai Nagar, Pali. (Presently Lodged In District Jail, Pali).

                                                                    ----Petitioners
                                      Versus
State, Through P.P
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Vineet Jain
For Respondent(s)           :     Mr. A.R. Choudhary, PP



            HON'BLE MR. JUSTICE SANDEEP MEHTA

                                   Judgment

09/04/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioners, who are in custody in relation

to FIR No.116/2021, Police Station Kotwali, District Pali for

offences under Sections 341, 323, 307/34, 325, 326 & 120-B of

the IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the case diary.

As per the injury report and x-ray report of the injured Firoz

Khan, grievous injuries were noticed on the femur, phlanx, tibia

and fibula bones of both the legs. Shri Jain submits that as a

matter of fact, the injured had tried to attack the petitioner's

father by a knife for which, an FIR No.106/2021 has been lodged

(2 of 2) [CRLMB-4475/2021]

against the injured by Raju, cousin of the present petitioners.

Another FIR under the Arms Act has also been lodged against the

injured. He thus, urges that the necessary ingredients of the

offence under Section 307 IPC are not made out from the highest

allegations of the prosecution and hence, the petitioners deserve

indulgence of bail in this case.

Learned Public Prosecutor has vehemently and fervently

opposed the submissions advanced by the petitioners' counsel but

he does not dispute the fact that none of injuries caused to the

injured was opined to be life threatening nor were they inflicted on

the vital organs of the body. The petitioners were allegedly armed

with blunt weapons.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioners.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioners (1) Sagar S/o Shri Gopal, (2) Pradeep S/o

Shri Gopal and (3) Karan S/o Shri Gopaldas arrested in connection

with the F.I.R. No.116/2021 registered at Police Station Kotwali,

District Pali shall be released on bail provided each of them

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.

(SANDEEP MEHTA),J

41-Sudhir Asopa/-

Powered by TCPDF (www.tcpdf.org)