Rajasthan High Court - Jodhpur
Bhallaram vs State on 4 February, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1148/2021
Bhallaram S/o Sh. Riddharam, Aged About 85 Years, B/c
Prajapat, R/o Tankla, P.s. Khinvsar, Dist. Nagaur (Raj.).
(Presently Lodged In District Jail, Nagaur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Chakravarti Singh Rathore
For Respondent(s) : Mr. Shrawan Bishnoi, PP
Mr. Vikas Balia for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
04/02/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.193/2020 of Police Station Khinvsar, Distt. Nagaur for
the offence(s) punishable under Section(s) 147, 148,
149, 341, 323, and 302 IPC. He/she/they has/have
(2 of 3) [CRLMB-1148/2021]
preferred this/these bail application(s) under Section 439
Cr.P.C.
Learned counsel for the petitioner has submitted that
allegation of assaulting the deceased and the injured,
levelled against the petitioner, is absolutely false. It is
further submitted that since the petitioner is 85 years
old, it is difficult to comprehend that he, in this advanced
age, had participated in the commission of crime. It is,
thus, prayed that the petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor as well as
learned counsel for the complainant have opposed the
bail application and while inviting my attention towards
the police statements of the eye witnesses, have pointed
out that those eye witnesses have stated that the
petitioner had also inflicted injury by a lathi on the
deceased so also the injured. It is also argued that a lathi
has been recovered at the instance of the petitioner.
Having regard to the totality of the facts and
circumstances of the case, particularly taking into
consideraton the old age, which is 85 years, of the
petitioner, without expressing any opinion on the merits
of the case, I deem it just and proper to grant bail to the
petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Bhallaram S/o Sh. Riddharam shall be
released on bail in connection with FIR No.193/2020 of
Police Station Khinvsar, Distt. Nagaur provided
he/she/they execute(s) a personal bond in the sum of
(3 of 3) [CRLMB-1148/2021]
Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- each to the satisfaction of learned trial court
for his/her/their 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
24-msrathore/-
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