Back
2021 Supreme(Raj) 498
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Chotu - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 3392 of 2021
Decided on : 05-04-2021
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
INDIAN PENAL CODE : S.143, S.308, S.323, S.336, S.379, S.457, S.482, S.511
Headnote
Bail Application - Offences under IPC - Grant of bail based on lack of criminal antecedents and entirety of facts and circumstances
Fact of the Case:
The petitioners filed a bail application under Section 439 CrPC in connection with offences under Sections 143, 323, 308, 336, 382, 457, 379/511 of the IPC. The co-accused's previous bail application was rejected, but the petitioners do not have any criminal antecedents.
Finding of the Court:
The court, considering the lack of criminal antecedents and the entirety of the facts and circumstances, granted bail to the petitioners.
Issues: Bail application under Section 439 CrPC for offences under IPC
Ratio Decidendi: Grant of bail based on lack of criminal antecedents and entirety of facts and circumstances
Final Decision: The bail application under Section 439 CrPC is allowed, and the accused-petitioners are directed to be released on bail upon fulfilling the specified conditions.
Umesh Shrimali, Advocate, Mahipal Bishnoi, Advocate, Kamla Goswami, Advocate
JUDGMENT
Sandeep Mehta, J. - The instant bail application under Section 439 CrPC has been preferred by the petitioners who are in custody in connection with the F.I.R. No.70/2020 registered at the Police Station Bhainsroadgarh, Chittorgarh for the offences under Sections 143, 323, 308, 336, 382, 457, 379/511 of the IPC.
2. Heard learned counsel for the petitioners, learned Public Prosecutor and perused the material available on record.
3. The petitioners have been charge-sheeted for the above offences after investigation. It is true that first application for bail filed on behalf of the co-accused Ganiya @ Ghana stands rejected by this Court vide order dated 27.01.2021 but liberty was given to the said accused to file a fresh bail application after submission of the chargesheet. The injuries received by the members of the complainant party were caused by brick-batting on the road. As per the order rejecting bail, the petitioners do not have any criminal antecedents.
4. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioners. Accordingly, the instant bail application under Section 439 CrPc is allowed and it is directed that the accused-petitioners (1) Chotu S/o Asharam, (2) Chatarmal @ Chatriya Kanjar (3) Pinku S/o Shri Ramuda @ Ramudiya Kanjar & (4) Shankarlal S/o Shri Jai Singh @ Chasida arrested in connection with F.I.R. No.70/2020 registered at the Police Station Bhainsroadgarh, District Chittogarh shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
