Sunil Kumar S/O Shri Gopal vs State Of Rajasthan ...
2023 Latest Caselaw 5772 Raj/2

[2023:RJ-JP:27884]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 12763/2023

Sunil Kumar S/o Shri Gopal, Aged About 28 Years, R/o Khareda
Bujurg, P.S. Datwas, Tehsil Niwai, District Tonk (At Presently
Confined In District Jail Tonk)
                                                         ----Accused-Petitioner
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor
                                                                  Complainant
2.       Ramprasad Meena S/o Mangal Ram Meena, R/o Village
         Mundiya, P.s Niwai Sadar, District Tonk
                                               ----Respondent-Complainant

For Petitioner(s) : Mr. Devendra Kumar Bhardwaj For Respondent(s) : Mr. Prashant Sharma

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Judgment / Order

09/10/2023

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No.418/2022 was registered at Police Station Newai,

District Tonk for the offences under Sections 147, 148, 149, 341,

323, 307 & 427 of IPC. During investigation, offences under

Sections 147, 148, 149, 341, 323, 325, 307 & 427 of IPC have

been found proved against the petitioner.

3. It is contended by counsel for the petitioner that petitioner

has falsely been implicated in this case. He further submits that

co-accused persons have already been granted benefit of bail by a

Coordinate Bench of this Court and the case of the petitioner is

also on similar footing. He submits that none of the injuries

[2023:RJ-JP:27884] (2 of 2) [CRLMB-12763/2023]

sustained to the injured has been opined to the dangerous to life.

He submits that the petitioner is in custody since his date of arrest

and his further custody is not warranted for any fruitful purpose.

Charge-sheet has been filed. Trial is likely to consume time.

4. Learned Public Prosecutor has opposed the bail application.

5. I have considered the contentions.

6. Having regard to the totality of the facts and circumstances;

considering the arguments advanced by learned counsel for both

the parties and the fact that similarly situated co-accused persons

have already been granted benefit of bail, period of custody and

filing of the charge-sheet, but without expressing any opinion on

merits/demerits of this case, this Court deems it just and proper

to enlarge the petitioner on bail.

7. This bail application is accordingly allowed and it is directed

that accused petitioner-Sunil Kumar S/o Shri Gopal shall be

released on bail provided he furnishes a personal bond in the sum

of Rs.50,000/- (Rupees Fifty Thousand only) together with two

sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand

only) each to the satisfaction of the learned trial court with the

stipulation that he shall appear before that Court and any court to

which the matter is transferred, on all subsequent dates of hearing

and as and when called upon to do so.

(ANIL KUMAR UPMAN),J

Manish/148

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