Mukesh vs State
2021 Latest Caselaw 18918 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 16550/2021

Mukesh S/o Shri Roopa Ram, Aged About 22 Years, Adopted S/o Ram Singh, R/o Village Malkhera, Tehsil Bhadra District Hanumangarh. (At Present Lodged In Sub Jail, Bhadra)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. RS Choudhary For Respondent(s) : Mr. AR Choudhary, PP assisted by Ms. Kamal Goswami

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/12/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.318/2021 of

Police Station Bhirani District Hanumangarh for the offences

punishable under Sections 457, 458, 307, 323, 147, 148, 149 IPC.

He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that though

the FIR was lodged for the offence punishable under Section 307

IPC, but the police have found that only offence under Section 325

IPC is made out against the petitioner. Learned counsel while

inviting my attention towards the order passed by the learned trial

court whereby, the bail application of the petitioner has been

rejected has submitted that the trial court has also observed the

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said fact that the police arrested the petitioner for the offence

punishable under Section 325 IPC and not for the offence

punishable under Section 307 IPC.

Learned Public Prosecutor has opposed the 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, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Mukesh S/o Shri

Roopa Ram shall be released on bail in connection with FIR

No.318/2021 of Police Station Bhirani District Hanumangarh

provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- 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.

(VIJAY BISHNOI),J

Surabhii/67-

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