Bhagirath @ Bhagu vs State Of Rajasthan
2022 Latest Caselaw 531 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 11060/2021

Bhagirath @ Bhagu S/o Sharwan Ram, Aged About 30 Years, R/o Khera Heeravas Now Back Side Of Bus Depot Nagaur Ps Nagaur Kotwali, District Nagaur (At Present Lodged In District Jail, Nagaur)

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

----Respondent

For Petitioner(s) : Mr. R.S. Gill (through VC)

For Respondent(s) : Mr. Mahipal Bishnoi, PP

Mr. Sanjay Mathur for complainant (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/01/2022

Heard learned counsel for the parties and perused

the material available on record.

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

No.55/2020 of Police Station Jayal, Distt. Nagaur for the

offence(s) punishable under Section(s) 147, 148, 149,

341, 323 307, 324, 427 IPC and Sections 3/25 and 29 of

the Arms Act. He/she/they has/have preferred this/these

second bail application(s) under Section 439 Cr.P.C.

(2 of 3) [CRLMB-11060/2021]

Learned counsel for the petioner has submitted that

after rejection of the first bail application of the petitioner

on 8.2.2021, report from the State Forensic Science

Laboratory dated 25.2.2021 and final opinion report

dated 14.3.2021 regarding injury of injured Rajendra

have been received. It is submitted by learned counsel

for the petitioner that in the FSL report, it is clearly

mentioned that the pistol recovered at the instance of the

petitioner did not match with the bullet found in the body

of injured Rajendra. It is also submitted that in the final

opinion report of the Department of Forensic Medicine &

Toxicology, Government District Hospital, Nagaur, it is

clearly mentioned that the injury of injured Rajendra was

simple in nature. It is, thus, prayed by learned counsel

for the petitioner that in the above facts and

circumstances of the case, the petitioner is also entitled

to be enlarged on bail because the other co-accused

persons namely Jagdish Saran and Dalip have already

been granted bail.

Per contra, learned Public Prosecutor as well as

learned counsel for the complainant have vehemently

opposed the bail application.

Having regard to the totality of the facts and

circumstances of the case, without expressing any

(3 of 3) [CRLMB-11060/2021]

opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Bhagirath @ Bhagu S/o

Sharwan Ram shall be released on bail in connection with

FIR No.55/2020 of Police Station Jayal, Distt. Nagaur

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

82-msrathore/-

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