HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. 3^rd Bail Application No. 14765/2022

Dharji S/o Vithala, Aged About 50 Years, R/o Keliyapara Fefar,

P.s. Danpur, District Banswara, Rajasthan.

(Presently Lodged In Jail, Banswara)

----Petitioner

Versus

State Of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. Ravinder Singh Bhati

For Respondent(s)

:

Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

12/01/2023

Heard learned counsel for the parties and perused the

material on record.

The petitioner has been arrested in FIR No.138/2020 of

Police Station Danpur, District Banswara for the offences

punishable under Sections 147, 447, 325, 149, 504 and 307 of

IPC. He has preferred this 3^rd bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that

statement of the injured eye-witnesses have been recorded before

the trial court. It is submitted that Kalu (PW-1) has alleged that

petitioner had inflicted a blow on his head by dhariya, which is a

sharp edged weapon, however, no such injury is there in his injury

report. It is further submitted that Sohan (PW-5), in his

statement, has stated that the petitioner inflicted injury on his

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[CRLMB-14765/2022]

head by axe, however, as per the injury report, no cut injury is

found on the body of Sohan and no sharp edged weapon has been

recovered at the instance of the petitioner. Learned counsel for the

petitioner has also submitted that it is a case for free fight, in

which, the accused party has also received injuries and in relation

to that, a cross FIR has also been lodged.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this 3^rd bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Dharji S/o

Vithala shall be released on bail in connection with FIR

No.138/2020 of Police Station Danpur, District Banswara provided

he executes a personal bond in a sum of Rs.50,000/- with two

sound and solvent sureties of Rs.25,000/- each to the satisfaction

of learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(VIJAY BISHNOI),J

80-Arun/-