High CourtsSingle Bench(2021) 02 RAJ CK 0022

Dharampal vs State

Rajasthan High Court · Decided on 4 February 2021

HON’BLE JUDGES
Vinit Kumar Mathur, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 2nd Bail Application No. 1642 Of 2021

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Judgment

15 paragraphs · 313 words

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.158/2020, Police Station Rawla District Sri Ganganagar for the offences under Sections 452, 307, 354, 323 & 341 of IPC.

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

It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this court vide order dated 04.01.2021, the charge

sheet has been filed. It is contended by learned counsel for the petitioner that it is a case of free fight on a very trivial issue with respect to dirty water

lying between the house of the petitioner and the complainant. In the free fight, the petitioner also sustained injuries, although the same are simple in

nature. For the said incident, there are cross cases registered between the parties. The petitioner also lodged an FIR against the complainant. The

petitioner is facing the incarceration since 12.11.2020. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner

may be enlarged on bail.

The learned Public Prosecutor opposes the bail. Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper

to release the petitioner on bail.

Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Dharampal S/o Sh. Sohanlal arrested in connection with

F.I.R. No.158/2020, Police Station Rawla District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-

(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.