Citation : 2021 Latest Caselaw 2960 Raj/2
Judgement Date : 15 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
10986/2021
1. Ramji Lal S/o Genda Ram, Aged About 45 Years, R/o Bida
Wali Dhani Dhularaoji Ps Jamawramgarh Dist. Jaipur Rural
Raj. (At Present Confined In Central Jail Jaipur Dist.
Jaipur Raj.)
2. Kailash Chand S/o Kajod Mal, Aged About 40 Years, R/o
Bida Wali Dhani Dhularaoji Ps Jamawramgarh Dist. Jaipur
Rural Raj. (At Present Confined In Central Jail Jaipur Dist.
Jaipur Raj.)
3. Ram Avtar S/o Bhagwan Sahay, Aged About 33 Years, R/o
Bida Wali Dhani Dhularaoji Ps Jamawramgarh Dist. Jaipur
Rural Raj. (At Present Confined In Central Jail Jaipur Dist.
Jaipur Raj.)
4. Kanhiya Lal S/o Bhagwan Sahay, Aged About 35 Years,
R/o Bida Wali Dhani Dhularaoji Ps Jamawramgarh Dist.
Jaipur Rural Raj. (At Present Confined In Central Jail
Jaipur Dist. Jaipur Raj.)
5. Bhori Lal S/o Teja Ram, Aged About 30 Years, R/o Bida
Wali Dhani Dhularaoji Ps Jamawramgarh Dist. Jaipur Rural
Raj. (At Present Confined In Central Jail Jaipur Dist.
Jaipur Raj.)
6. Jagdish S/o Teja Ram, Aged About 34 Years, R/o Bida
Wali Dhani Dhularaoji Ps Jamawramgarh Dist. Jaipur Rural
Raj. (At Present Confined In Central Jail Jaipur Dist.
Jaipur Raj.)
7. Ram Khilari Alias Ballu S/o Lala Ram, Aged About 28
Years, R/o Bida Wali Dhani Dhularaoji Ps Jamawramgarh
Dist. Jaipur Rural Raj. (At Present Confined In Central Jail
Jaipur Dist. Jaipur Raj.)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Yogendra Singh For Complainant(s) : Mr. Suresh Pareek(Sr. Adv.) assisted by Mr. Nachiketa Pareek, through VC For State : Mr. Sher Singh Mahla, PP
(2 of 3) [CRLMB-10986/2021]
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
15/07/2021
1. Petitioners have filed this bail application under Section 439
Cr.P.C.
2. F.I.R. No.253/2021 was registered at Police Station Bassi,
District Jaipur for offence under Sections 143, 452, 365 & 323
I.P.C.
3. It is contended by counsel for the petitioners that initially
one FIR was lodged by father (Kajod Mal) of the accused-
petitioner no.2, wherein it was alleged that Kamlesh has taken
away a married girl, on the pretext that he would marry her. This
FIR was lodged on 17.02.2021 by complainant. The present FIR
was lodged on 19.05.2021 alleging that Kamlesh was taken away
and has been subjected to beating by the accused-petitioners. It is
also contended that Kamlesh is a married man who has moved the
High Court for seeking protection concealing the fact that he is
married. It is further contended that the offence is triable by First
Class Magistrate.
4. Learned Public Prosecutor and counsel for the complainant
have opposed the bail application. It is contended that petitioners
have mercilessly beaten and a rod has been implanted in his legs
as he has sustained fracture. It is also contended that petitioners
were bowed down by the SDM, still they have taken law in their
own hands.
5. I have considered the contentions.
(3 of 3) [CRLMB-10986/2021]
6. Considering the contentions put forth by counsel for the
petitioners, I deem it proper to allow the bail application.
7. This bail application is, accordingly, allowed and it is directed
that accused-petitioners shall be released on bail provided each of
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 they 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 /59
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