Citation : 2021 Latest Caselaw 19018 Raj
Judgement Date : 14 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15458/2021
Mohammad Hussain S/o Mohammad Ishak, Aged About 20 Years, R/o Near Sajan Nagar Water Tank, P.s. Ambamata, Udaipur. (At Present Lodged In Central Jail Udaipur)
----Petitioner Versus State, Through Pp
----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15975/2021 Raja Hussain Hela S/o Shri Amanat Hela, Aged About 23 Years, R/o Sajjannagar, Pani Ki Tanki Ke Pas, Police Station Ambamata, Udaipur. (At Present Lodged In Central Jail, Udaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. A.R. Chaudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/12/2021 Heard learned counsel for the petitioners as well as learned
Public Prosecutor and also perused the material on record.
The petitioners have been arrested in FIR No.73/2021 of
Police Station Ghantaghar, District Udaipur for the offences
punishable under Sections 307, 341, 323, 34 of IPC and 4/25 of
Arms Act. They have preferred these bail applications under
Section 439 Cr.P.C.
(2 of 2) [CRLMB-15458/2021]
Learned counsel for the petitioners has submitted that the
allegation against the petitioners of inflicting knife injuries with the
intention to kill the complainant is absolutely false. It is further
submitted that on account of trivial dispute, a quarrel took place
between the parties and the petitioners have no intention to kill
the complainant.
Learned Public Prosecutor has opposed the bail applications.
Having regard to the totality of the facts and circumstances
of the case, perusing the case diary and after taking into
consideration the fact that all the injuries are found to be simple in
nature, without expressing any opinion on the merits of the case,
I deem it just and proper to grant bail to the accused petitioners
under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439
Cr.P.C. are allowed and it is directed that petitioners Mohammad
Hussain S/o Mohammad Ishak and Raja Hussain Hela S/o Shri
Amanat Hela shall be released on bail in connection with FIR
No.73/2021 of Police Station Ghantaghar, District Udaipur
provided each of them 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
62-Arun/-
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