Kalu Khan vs State Of Rajasthan
2021 Latest Caselaw 11137 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7211/2021 Kalu Kha S/o Kayam Kha, Aged About 55 Years, Biggawas, Sridungargarh, District Bikaner (Raj.). (Presently Lodged In Central Jail, Bikaner).

----Petitioner Versus State Of Rajasthan, Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Bhoop Singh Chaudhary
For Respondent(s)        :     Mr. Sudhir Tak, PP
                               Mr. M.S. Purohit

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

19/07/2021

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

in connection with FIR No.355/2020 registered at Police Station

Sridungargarh Distt. Bikaner for offence under Section(s) 307,

447, 323, 324, 325, 341, 147, 148 & 149 of IPC.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that cross cases

were registered with regard to the same incident and the

petitioner and other 16 persons were all stated to have been

caused injuries so far as FIR is conerned. However, subsequently

in the statement of injured, the grievous injury has been assigned

to the petitioner. Learned counsel further submits that all other

co-accused have been granted benefit of bail.

(2 of 2) [CRLMB-7211/2021]

Per contra, learned Public Prosecutor as well as counsel for

the complainant has opposed the bail application. Learned counsel

for the complainant submits that while granting bail to the other

co-accused, this court has observed that the specific injury on the

head is assigned to the petitioner and therefore, petitioner's case

cannot be said to be similar to that of other co-accused.

I have considered the submissions.

Taking into consideration that charge-sheet has already been

filed and that there are cross cases related to the same incident of

free fight, but without commenting on merits of the case, I deem

it just and proper to enlarge the petitioner on bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner Kalu Kha S/o Kayam Kha, be released

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

provided the petitioner furnishes a personal bond of Rs.50,000/-

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) Cr.P.C.

(SANJEEV PRAKASH SHARMA),J 62-amit/-

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