Rajasthan High Court - Jodhpur
Sushil Kumar @ Ajay Kumar vs State on 23 July, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9432/2021
1. Sushil Kumar @ Ajay Kumar S/o Kailash Chandra Mali,
Aged About 30 Years, R/o Near Maheshwari Seva
Sansthan, Krishi Mandi Road, Gangapur, Police Station
Gangapur, District Bhilwara. (At Present Lodged In District
Jail, Bhilwara)
2. Sharif Mohammed S/o Bhaudeen Sindhi Musalman, Aged
About 34 Years, R/o Lawa Sardargarh, Police Station
Amet, District Rajsamand. (At Present Lodged In District
Jail, Bhilwara)
----Petitioners
Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 9433/2021
Pushpendra Singh S/o Shri Bajrang Singh Chouhan, Aged About
33 Years, R/o Shastri Nagar, Gangapur, District Bhilwara (At
Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Sudhir Tak, PP
Mr. Manoj Pareek for complainant
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
23/07/2021
These bail applications have been filed under Section 439
Cr.P.C. in connection with FIR No.226/2020 registered at Police
(2 of 3) [CRLMB-9432/2021]
Station, Gangapur, District Bhilwara for offence under Section(s)
143, 341, 323, 354 & 427 of IPC.
Heard learned counsel for the petitioners as well as learned
counsel appearing for the complainant and learned Public
Prosecutor and perused the entire material available on record.
Learned counsel for the petitioners submits that petitioners
had filed a case against the complainant under Section 307 of IPC
which was registered at 03.40 AM on 25.12.2020 whereafter
subsequent FIR has been lodged by the complainant against the
petitioners under Section 354 & 379 of IPC at 13:25 hours.
Learned counsel submits that the petitioners have
themselves suffered several injuries by a sharp weapon and the
present FIR is clearly a counterblast to the earlier FIR.
Learned Public Prosecutor has opposed the bail application.
Per contra, learned counsel appearing for the complainant
submits that the petitioners are history-sheeter and there are
several cases against them and they had earlier been involved in a
criminal case registered by the complainant for which they had
pressurised the complainant.
I have considered the submissions.
However, this Court finds that there are cross-cases relating
to the same incident wherein the FIR has been lodged first by the
petitioner/s under Section 307 of IPC against the complainant but
without commenting further on merits of the case, I deem it just
and proper to enlarge the petitioners on bail.
Therefore, these bail applications are allowed and it is
ordered that the accused-petitioners - (1) Sushil Kumar @ Ajay
Kumar S/o Kailash Chandra Mali, (2) Sharif Mohammed S/o
Bhaudeen Sindhi Musalman & (3) Pushpendra Singh S/o
(3 of 3) [CRLMB-9432/2021]
Shri Bajrang Singh Chouhan, be released on bail under Section
439 Cr.P.C. in connection with aforesaid FIR provided each of them
furnishes a personal bond of Rs.20,000/- with one surety each in
the like amount to the satisfaction of the concerned Magistrate
with the stipulation that they shall comply with all the conditions
laid down under Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J
70-71/-saurabh
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