Sandeep S/O Shri Mukesh vs State Of Rajasthan ...
2023 Latest Caselaw 5249 Raj/2

[2023:RJ-JP:24649]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 6871/2023

Sandeep S/o Shri Mukesh, Aged About 19 Years, R/o Sirseyaan
Itamada, Police Station Bhusawar, Distt. Bharatpur. (At Present
Confined At Central Jail, Sewar, Distt. Bharatpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s)         :     Mr. S. Gharsana
For Respondent(s)         :     Mr. Chandragupt Chopra, PP
                                Mr. R.S. Bhardwaj



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                     Order

22/09/2023

1. The instant bail application has been filed under Section 439

of Cr.P.C. on behalf of the petitioner, who has been arrested in

connection with FIR No.31/2023 registered at Police Station

Bhusawar, District Bharatpur for the offences under Sections 143

& 302 of IPC. Later on, the police filed the chargesheet in this

matter for the offences under Sections 302, 34 & 201 of IPC.

2. It is contended by learned counsel for the petitioner that the

accused-petitioner has falsely been implicated in this case. He

further submits that according to the chargesheet, knife injuries

were inflicted by the deceased on the person of the petitioner and

in defense, knife injuries were inflicted on the person of the

deceased by the petitioner. He submits that two other co-accused

persons were tried by the Juvenile Justice Board and both have

been acquitted vide judgment dated 23.08.2023. There are no

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previous criminal antecedents of the petitioner. The petitioner, who

is a young boy aged about 19 years, is in custody since

26.01.2023 and chargesheet has been filed in this case and trial of

the case will take considerable time. He also contends that further

custody of the petitioner would not serve any fruitful purpose.

3. Learned Public Prosecutor assisted by learned counsel for the

complainant vehemently opposes the bail application and submits

that knife (murder weapon) has been recovered at the instance of

the petitioner.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances

of the case; considering the arguments advanced by learned

counsel for the petitioner, especially the facts that petitioner

himself has sustained knife injuries, which is evident from the

chargesheet, two other co-accused persons have been acquitted

by the Juvenile Justice Board, there are no previous criminal

antecedents of the petitioner and looking to the custody period of

the petitioner, but without commenting anything on the

merits/demerits of the case, I deem it proper to allow the bail

application.

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

that accused-petitioner - Sandeep S/o Shri Mukesh 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

[2023:RJ-JP:24649] (3 of 3) [CRLMB-6871/2023]

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

and as and when called upon to do so.

(ANIL KUMAR UPMAN),J

81-Nirmala

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