Salim vs State
2021 Latest Caselaw 2652 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1410/2021

Salim S/o Kalu Khan, Aged About 30 Years, R/o Ward No. 03, Baipura, Merta Road, Police Station Merta Road, Dist. Nagaur. (At Present Lodged In Sub Jail, Merta).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. MA Rao
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

01/02/2021

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.103/2019 of

Police Station Merta Road District Nagaur for the offences

punishable under Sections 304 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the FIR

regarding alleged the incident of assault has been filed after a

delay of eight days. It is submitted that the police, in the charge-

sheet, have concluded that on a trivial issue, the petitioner and

deceased quarreled with each other and during the scuffle, the

deceased fell down on vegetable cart and on account of that, he

received injuries on his stomach. It is further submitted that the

(2 of 2) [CRLMB-1410/2021]

petitioner had no intention to kill the deceased. It is also

submitted that charge-sheet has been filed and trial of the case

will take time.

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 Salim S/o Kalu

Khan shall be released on bail in connection with FIR No.103/2019

of Police Station Merta Road District Nagaur 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/69-

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