Sukhdev Singh @ Bhola vs State Of Rajasthan
2022 Latest Caselaw 14135 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 6539/2022

Sukhdev Singh @ Bhola S/o Pritam Singh, Aged About 40 Years,

R/o Ward No. 9 Amarpura Theri Ps Hanumangarh Town Tehsil

And Dist. Hanumangarh (Presently Lodged At Dist. Jail

Hanumangarh)

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

Connected With

S.B. Criminal Miscellaneous II Bail Application No. 6540/2022

Sukhdev Singh @ Ninga S/o Sh. Sohan Singh, Aged About 21

Years, R/o Ward No. 09 Ps Amarpura Thedi Tehsil Hanumangarh

Town Dist. Hanumangarh Raj. (Presently Lodged At Dist. Jail

Hanumangarh)

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ankit Choudhary

For Respondent(s) : Mr. A.R. Choudhary, PP

(2 of 3) [CRLMB-6539/2022]

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/12/2022

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR

No.228/2019 of Police Station Hanumangarh Town, District

Hanumangarh for the offence(s) punishable under Section(s)

341, 323, 302, 325, 147, 148 and 149 IPC. He/she/they

has/have preferred this/these bail application(s) under

Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that

co-accused persons namely Mangal Singh @ Bittu, Gurdeep

Singh @ Bala and Hardeep Singh @ Tittoo have already been

enlarged on bail by this Court and case of the present

petitioners is not distintuishable from them. It is submitted

that the allegation of inflicting injury to the deceased is

levelled against all the accused persons and no specific role

has been assigned to the present petitioners. It is further

argued that the incident took place on 20.5.2019, whereas

the FIR has been lodged on 22.5.2019. It is submitted that

father of the deceased (PW-1), in his court statement, has

admitted that the deceased was discharged from the hospital

on 12.6.2019 and, thereafter, he remained at the house. He

has also stated that the injury on the head of the deceased

(3 of 3) [CRLMB-6539/2022]

got infected and later on, on account of that, his son died on

13.12.2019. Learned counsel for the petitioners has

submitted that in the facts and circumstances of the case, it

is clear that the petitioners had no intention to kill the

deceased.

Per contra, learned Public Prosecutor has opposed the

bail applications.

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 petitioners under Section 439 Cr.P.C.

Accordingly, this/these bail applications filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Sukhdev Singh @ Bhola S/o Pritam Singh and

Sukhdev Singh @ Ninga S/o Sh. Sohan Singh shall be

released on bail in connection with FIR No.228/2019 of Police

Station Hanumangarh Town, District Hanumangarh provided

he/she/they execute(s) a personal bond in the 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/her/their 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

232-233 ms rathore

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