BAIL CAN BE GRANTED EVEN IN SERIOUS CASES CONSIDERING FACTORS SUCH AS LACK OF CRIMINAL ANTECEDENTS, LENGTH OF CUSTODY, AND LIKELIHOOD OF DELAY IN TRIAL.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 17339/2022

1.

Dinesh Kumar Son Of Shri Vishveshwarlal, Aged About 32

Years, Ward No. 2 Mohalla Nayakan, Khandela, District

Sikar (Presently In Sub Jail Nim Ka Thana)

2.

Mithelesh Kumar Son Of Shri Vishveshwarlal, Aged About

27 Years, Ward No. 2 Mohalla Nayakan, Khandela, District

Sikar (Presently In Sub Jail Nim Ka Thana)

----Applicants/Accused

Versus

State Of Rajasthan, Through Pp.

----Non-Applicant

For Petitioner(s)

:

Mr. Ashok Mishra

For Respondent(s)

:

Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

11/01/2023

The present bail application has been filed under Section 439

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

No.489/2022 registered at Police Station Khandela, District Sikar

for the offence(s) under Section(s) 143, 341, 323 & 509 of I.P.C.

and later on for the offence under Sections 341, 323, 324, 307 &

509/34 of IPC.

Learned counsel for the petitioners submits that they have

falsely been implicated in this case. He submits that the parties

are neighbour and injuries were result of some minor scuffle.

Leaned counsel submits that the petitioners are in custody since

11.11.2022, investigation as against them is complete, trial of the

(2 of 2)

[CRLMB-17339/2022]

case will take time, 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, nature of allegations against

them, material contained in the case diary especially, the injury

reports of S/Shri Anil Kumar & Sanjay Kumar and their statements

recorded under Section 161 CrPC wherein, the injured Sanjay

Kumar has levelled specific allegation against co-accused Sunil

Kumar of inflicting stab wounds which have been found to be

dangerous to life, their length of custody, absence of criminal

antecedents and the fact that the trial of the case may take time;

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

Dinesh Kumar Son Of Shri

Vishveshwarlal & Mithelesh Kumar Son Of Shri

Vishveshwarlal shall be released on bail under Section 439

Cr.P.C. in connection with afore-mentioned FIR registered at

concerned Police Station, provided them furnish 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

PRAGATI/16