Sharwan Ram vs State Of Rajasthan
2021 Latest Caselaw 9709 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6236/2021

Sharwan Ram S/o Sh. Sobha Ram, Aged About 35 Years, Village Sanwaliyawas, P.S. Merta Road, Dist. Nagaur.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Surendra Singh Choudhary (through VC) For Respondent(s) : Mr. A.R. Choudhary, PP For Complainant(s) : Mr. R.S. Gill (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI (VACATION JUDGE)

Judgment / Order

03/06/2021 Defect pointed out by the office is ignored.

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner apprehends his arrest in connection with FIR

No0013/2021 of Police Station Merta Road, District Nagaur for the

offences punishable under Sections 341, 323, 324, 326, 307/34

IPC. He has preferred this anticipatory bail application under

Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that as a

matter of fact, the accused party attacked upon the petitioner and

his family members and when they resisted to it, the persons from

the complaintant as well as accused party received injuries.

Learned counsel for the petitioner has further submitted that the

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petitioner acted in his defence only It is also submitted that the

co-accused Choti Devi and Surendra have been granted

anticipatory bail, hence, the petitioner may also be granted

anticipatory bail.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the anticipatory bail

application and submitted that injured- Sampudi had received

head injury, which is attributed to the petitioner- Sharwan only. It

is further submitted that the said injury caused to the injured is

dangerous to life and case of the petitioner is distinguishable from

the co-accused persons, who have been granted anticipatory bail.

Having regard to the totality of the facts and circumstances

of the case and keeping in view of the fact that the head injury

inflicted to injured- Sampudi is grievous in nature and dangerous

to life and the same is attributed to the petitioner -Sharwan,

without expressing any opinion on the merits of the case, I am not

inclined to grant anticipatory bail under Section 438 Cr.P.C. to the

petitioner.

Accordingly, the application preferred by the petitioner under

Section 438 Cr.P.C. is rejected.

(VIJAY BISHNOI), VJ

28-Arun/-

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