Birda Ram vs State
2021 Latest Caselaw 10136 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5456/2021

1. Birda Ram S/o Dhanna Ram, Aged About 65 Years, B/c Mali, R/o Gundiyala Bera, Soorsagar, Jodhpur.

2. Narpat Singh S/o Dhanna Ram, Aged About 58 Years, B/c Mali, R/o Gundiyala Bera, Soorsagar, Jodhpur.

3. Lalit S/o Narpat Singh, Aged About 30 Years, B/c Mali, R/ o Gundiyala Bera, Soorsagar, Jodhpur.

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr J.S. Choudhary, Sr. Advocate assisted by Mr Pradeep Choudhary For Respondent(s) : Mr Shrawan Bishnoi, Public Prosecutor Mr Surendra Surana, for complainant

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

06/07/2021

This bail application has been filed under Section 438 Cr.P.C.

in connection with CR No.89/2021 registered at Police Station,

Soorsagar, District Jodhpur for offence under Sections 341, 323,

354, 452, 143 IPC.

Learned counsel for the petitioners submits that there are

cross cases registered with regard to same incident. Further, the

learned counsel submits that an agreement has been entered into

for sale of a property and at the time of taking possession the

quarrel occurred and the injuries on the body of the prosecutrix

are on account of falling.

(2 of 2) [CRLMB-5456/2021]

Per contra, learned counsel appearing for the complainant

submits that the petitioners are assailants and have entered into

their property and have also caused bodily injuries to the lady,

whose statement under sec.164 CrPC has been recorded. Learned

counsel also submits that the cross case registered as a

subsequent thought and that can not be a ground to grant

anticipatory bail to the petitioners.

I have considered the submissions and perused the FIR and

the nature of injuries on the prosecutrix.

Having considered the over all aspects and that a lady has

been molested, I am not inclined to give benefit of anticipatory

bail to the petitioners.

The bail application is dismissed.

The petitioners may now surrender before the concerned

court, who may decide their bail application if so filed, on the

same day.

(SANJEEV PRAKASH SHARMA),J

83-MMA/-

Powered by TCPDF (www.tcpdf.org)