Yadram S/O Khyaliram vs State Of Rajasthan (2023:Rj-Jp:41324)
2023 Latest Caselaw 6873 Raj/2

Rajasthan High Court

Yadram S/O Khyaliram vs State Of Rajasthan (2023:Rj-Jp:41324) on 22 December, 2023

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2023:RJ-JP:41324]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 16374/2023

1.       Yadram S/o Khyaliram, R/o Village Dhakla Police Thana
         Bansoor, District Kotputli - Behror. (Presently Confined In
         Jail Behror)
2.       Ramavtar S/o Chandaram, R/o Village Dhakla Police
         Thana Bansoor, District Kotputli - Behror. (Presently
         Confined In Jail Behror)
                                                        ----Accused-Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
                                                                   Respondent

2. Yadram S/o Omkar, R/o Dhakla Tehsil Bansoor, District Kotputli - Behror.

----Complainant/Respondent

For Petitioner(s) : Mr. Raj Kumar Kasana with Mr. Naveen Kumar Khaparwal For Respondent(s) : Mr. Babu Lal Nasuna, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

22/12/2023 The present bail application has been filed under Section 439

Cr.P.C. The petitioners have been arrested in connection with FIR

No.623/2023 registered at Police Station Bansoor, District Kotputli-

Behror for the offence(s) under Section(s) 143, 323, 341, 382,

308 & 447 IPC and later on for the offences under Sections 143,

341, 323, 325, 326, 308 & 447 IPC.

Learned counsel for the petitioners submits that they have

falsely been implicated in this case. He submits that there are

omnibus allegations against a large number of persons and it is a

case of version and cross-version in which persons from both the

sides have received injuries. Learned counsel submits that injury

[2023:RJ-JP:41324] (2 of 2) [CRLMB-16374/2023]

leading to offence under Section 308 is on non-vital part on the

body of injured-Rajendra, i.e., his left leg. He submits that the

petitioners are in custody since 15.12.2023, investigation as

against them is complete and they have no criminal antecedents

and prays for their release on bail.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by

learned counsel for the petitioners, the nature of allegations

against them, the material available in the case diary including the

injury report of the injured-Rajendra, his length of custody, it

being a case of version and cross-version and absence of criminal

antecedents; but, without expressing any opinion on the merits of

the case, this Court deems it just and proper to enlarge the

petitioners on bail.

Accordingly, the bail application is allowed and it is directed

that accused-petitioners 1. Yadram S/o Khyaliram & 2.

Ramavtar S/o Chandaram shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR

registered at concerned Police Station, provided each of them

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial court with the stipulation that they shall comply with all

the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

Manish/998

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