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2021 Supreme(Raj) 918

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Suresh Chandra - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 5807 of 2021
Decided on : 10-08-2021

Advocates appeared:
Parikshit Nayak, Advocate, A.R. Choudhary, Advocate

The court's decision to grant bail was based on the specific allegations and overall facts and circumstances of the case.

Headnote:

Bail Application - Offences under Sections 447, 323, 325, 302 in alternate 302/34 IPC - The court allowed the bail application for the accused petitioner based on the specific allegations and overall facts and circumstances of the case.

Fact of the Case:

The bail application was filed for the accused petitioner who was in custody in relation to FIR No.278/2020, Police Station Anandpuri, District Banswara for offences under Sections 447, 323, 325, 302 in alternate 302/34 IPC.

Finding of the Court:

The court, after considering the specific allegations and overall facts and circumstances of the case, allowed the bail application for the accused petitioner.

Issues: The main issue was whether the accused petitioner should be granted bail considering the specific allegations and overall facts and circumstances of the case.

Ratio Decidendi: The court's decision was influenced by the specific allegations and overall facts and circumstances of the case, leading to the grant of bail for the accused petitioner.

Final Decision: The bail application for the accused petitioner was allowed, and it was directed that the accused-petitioner shall be released on bail upon fulfilling the specified conditions.

JUDGMENT

Sandeep Mehta, J. - The office objections are over ruled.

2. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.278/2020, Police Station Anandpuri, District Banswara for offences under Sections 447, 323, 325, 302 in alternate 302/34 IPC.

3. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

4. As many as 17 persons were named as assailants in the FIR. Specific allegation was levelled by the eye-witnesses examined during investigation that the accused Prakash and Shambhulal were armed with iron rods whereas accused Govind was armed with a lathi. The other accused persons were having stones in their hands. The allegation of inflicting blows to the deceased Mongaram is specifically against the accused Prakash and Shambhulal. On a perusal of the postmortem report of the deceased Mongaram, it becomes clear that only a single injury was inflicted to him on the head which proved fatal.

5. In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend indulgence of bail to the accused petitioner. Accordingly, the bail application is allowed and it is directed that the accused-petitioner Suresh Chandra S/o Shri Dhanpal Barjot arrested in connection with the F.I.R. No.278/2020 registered at Police Station Anandpuri, District Banswara shall be released on bail provided he 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.

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