Prithvi Raj @ Chhotu vs State
2021 Latest Caselaw 7825 Raj

COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3139/2021

Prithvi Raj @ Chhotu S/o Shanti Lal, Aged About 20 Years, R/o Shree Ram Nagar, Guwardi, Police Station Mangrop, Bhilwara, At Present Naya Gaon, Narsinghpura Police Station Mandsaur, Kotwali, District Mandsaur (Madhya Pradesh). (At Present Lodged In District Jail, Bhilwara).

----Petitioner Versus The State of Rajasthan through the Public Prosecutor

----Respondent

For Petitioner(s) : Mr. B.S. Charan For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/03/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.37/2020 of Police

Station Mangrop, District Bhilwara for the offence punishable

under Section 302 IPC. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of committing murder of the

deceased is absolutely false. It is argued that as a matter of fact

the deceased and the petitioner had consumed liquor and

thereafter on a trivial dispute fight took place between them and

during this scuffle, deceased fell down from the stairs and on

account of that he received injuries and died. It is submitted that

(2 of 2) [CRLMB-3139/2021]

the petitioner had no intention to kill the deceased and the

deceased received injuries accidentally. It is submitted that the

charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Prithvi Raj @

Chhotu S/o Shanti Lal shall be released on bail in connection with

FIR No.37/2020 of Police Station Mangrop, District Bhilwara

provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.19

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