Furkan S/O Shri Kalu vs The State Of Rajasthan
2021 Latest Caselaw 2985 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                 11098/2021

Furkan S/o Shri Kalu, Aged About 26 Years, R/o Tateenasani Ps
Partapur Dist. Meerut U.p. (At Present Confined In Sub Jail
Kotputli Dist. Jaipur)
                                                                          ----Petitioner
                                      Versus
The State Of Rajasthan, Through Pp
                                                                        ----Respondent

For Petitioner(s) : Mr. Prakash Chand Yadav For Complainant(s) : Mr. Liyakat Khan For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

16/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.547/2020 was registered at Police Station

Shahpura, District Jaipur for offence under Sections 302 & 34

I.P.C.

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

investigation, brother of the deceased has stated that he took his

brother to the government hospital and there he mentioned that

his brother had taken some drinks and he fell from the steps and

has injured his head. It is also contended that no record of the

hospital has been filed with the charge-sheet. There is an

inordinate delay of six days in lodging of FIR. Charge-sheet has

(2 of 2) [CRLMB-11098/2021]

been filed. It is also contended that even considering the

statement of the witnesses, a dispute took place on the spur of

the moment and petitioner never intended to commit any offence.

Conclusion of trial will take time.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that from the

investigation done by the police, it is revealed that petitioner had

hit the deceased with the stone on the head which is the cause of

death.

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 /36

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