Rajasthan High Court - Jodhpur
Bhanwar Lal vs State Of Rajasthan on 15 November, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13582/2021
1. Bhanwar Lal S/o Shri Pura Ram, Aged About 62 Years, B/c
Jat, R/o Village Jivandesar, District Churu. (At Present
Lodged In District Jail, Churu)
2. Girdhari S/o Shri Ramchandra, Aged About 41 Years, B/c
Jat, R/o Village Jivandesar, District Churu. (At Present
Lodged In District Jail, Churu)
3. Mani Ram S/o Shri Ramchandra, Aged About 43 Years, B/
c Jat, R/o Village Jivandesar, District Churu. (At Present
Lodged In District Jail, Churu)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
Mr. Kuldeep Sharma (through VC)
Mr. Vivek Mathur
Ms. Sangeeta Mathur
For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
Mr. Shreekant Verma, for the
complainant
Mr. Manaklal, SI, PS. Sardarshahar,
District Churu
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment / Order
15/11/2021
Heard learned counsel for the petitioners as well as learned
Public Prosecutor and also perused the material on record.
The petitioners have been arrested in FIR No. 490/2021 of
Police Station Sarda Shahar for the offences punishable under
Sections 307, 336, 323, 341 and 143 of IPC. They have preferred
this bail application under Section 439 Cr.P.C.
(2 of 3) [CRLMB-13582/2021]
Learned counsel for the petitioners has submitted that
omnibus allegations were levelled against the petitioners along
with one person namely Ramchandra. It is submitted that
Ramchandra has already been enlarged on bail by the Session
Court but the bail application of the petitioners was dismissed. It
is submitted that the injuries accord to Parmeshwar and Manju
Devi are of simple in nature and one injury accord to Norang Ram
is not specifically inflicted to any of the petitioner. It is submitted
that injured Norang Ram has been discharged from the hospital
and he has deliberately avoiding his statements, however, single
injury inflicted to him is also not dangerous to life. It is further
submitted that from the other side also, cross FIR No.491/2021
was lodged against nine persons and the petitioners are in custody
since 19.09.2021, therefore, petitioners may also be enlarged on
bail.
Learned Public Prosecutor as well as counsel for the
complainant have has opposed the bail application.
Mr. Manaklal, SI, Police Station Sardarshahar, District Churu,
present in person has produced the medical report dated
13.11.2021 of Norang Ram, which is taken on record. It has been
stated that the injured Norang Ram is not in a position to make
his statement either oral or in writing.
Having heard learned counsel for the parties and perused the
case diary as well as injury report and the report of the medical
board, it is not disputed that one of co-accused Ramchandra has
already been enlarged on bail and it is also not disputed that
single injury of Norang Ram is not attributed specifically to any of
the person more particularly to the petitioners and injured Norang
(3 of 3) [CRLMB-13582/2021]
Ram has also been discharged from the hospital and this fact has
not been disputed by counsel for the complainant. The petitioners
are in judicial custody since 19.09.2021.
Considering the overall facts and circumstances of the case
and looking to the fact that co-accused Ramchandra has already
been enlarged on bail by the Session Court and the allegations
against the petitioners are omnibus in nature and single injury of
Norang Ram is not attributed to any of the petitioners, this Court
deems it just and proper to grant bail to the accused petitioners
under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioners Bhanwar Lal
S/o Shri Pura Ram, Girdhari S/o Shri Ramchandra and Mani
Ram S/o Shri Ramchandra shall be released on bail in
connection with FIR No. 490/2021 of Police Station Sardar Shahar,
District Churu provided each of them 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.
(SUDESH BANSAL),J
23-Taruna/-
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