Rameshwar S/O Rupnarayan vs State Of Rajasthan
2021 Latest Caselaw 2870 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               10908/2021

Rameshwar S/o Rupnarayan, R/o Lasadiya Phagi Jaipur Rural
Raj. (At Present Confined In Dist. Jail Jaipur Raj.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through The Pp
                                                                 ----Respondent

For Petitioner(s) : Dr. Mahesh Sharma, through VC For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

13/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.59/2021 was registered at Police Station Phagi,

District Jaipur for offence under Sections 302 I.P.C.

3. It is contended by counsel for the petitioner that petitioner

and deceased are related to each other. Deceased is uncle of the

petitioner. The dispute pertained to drainage of water between

complainant and the deceased and on the spur of the moment, a

blow is set to have been caused by the petitioner on the head of

the deceased by lathi. It is also contended that there is single

blow. Petitioner never intended to commit the offence of murder.

It is further contended that charge-sheet has been filed. Offence

would not travel beyond part 2 of Section 300 of IPC.

(2 of 2) [CRLMB-10908/2021]

4. Learned Public Prosecutor has opposed the bail application. It

is contended that the fatal blow is assigned to the petitioner, who

killed his own uncle.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /62

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