Sharwan Ram vs State Of Rajasthan
2021 Latest Caselaw 10345 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8611/2021

Sharwan Ram S/o Sh. Sobha Ram, Aged About 35 Years, Village Sanwaliyawas, P.s. Merta Road, Dist. Nagaur. (Lodged At District Jail, Merta).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr Surender Singh Choudhary For Respondent(s) : Mr Mukhtiyar Khan, Public Prosecutor Mr R.S. Gill for the complainant

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

08/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.13/2021 registered at Police Station,

Merta Road, District Nagaur for offence under Sections 341, 323,

324, 326, 307/34 IPC.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor with learned counsel appearing for the

complainant and perused the entire material available on record.

The learned counsel for the petitioner submits that the the

accused Chhoti Devi and Surendra have been enlarged on

anticipatory bail. Learned counsel submits that there are cross

cases and the quarrel occurred on account of construction of toilet

by the petitioner in their premises. The FIR was lodged by the

petitioner against the complainant party and a sudden fight

occurred wherein injuries were suffered.

(2 of 2) [CRLMB-8611/2021]

Learned counsel appearing for the complainant submits that

grievous injury has been attributed to the petitioner Sharwan Ram

and therefore, the petitioner ought not be released on bail.

Learned Public Prosecutor opposed the bail application.

Having considered the submissions, taking into consideration

open handed quarrel which occurred in relation to construction of

toilet in the premises of the petitioner, without commenting on

merits of the case, I am inclined to release the petitioner on bail.

Accordingly, this bail application is allowed and it is ordered

that the accused petitioner - Sharwan Ram s/o Sobha Ram be

released on bail under Section 439 Cr.P.C. in connection with

aforesaid FIR No.13/2021 registered at Police Station, Merta Road,

District Nagaur provided the petitioner furnishes a personal bond

of Rs.20,000/- with one surety in the like amount, to the

satisfaction of the concerned Magistrate with the stipulation that

he shall comply with all the conditions laid down under Section

437 (3) CrPC.

(SANJEEV PRAKASH SHARMA),J

51-MMA/-

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