KUMBHARAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2021-7-24
HIGH COURT OF RAJASTHAN
Decided on July 07,2021

Kumbharam Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

INDERJEET SINGH,J. - (1.) Heard on the application for correction/modification of the order dated 02.07.2021 passed by this Court in S.B. Criminal Miscellaneous Bail Application No.10080/2021. Counsel for the petitioner submits that the petitioner has filed the bail application no.10080/2021 under'Section 438'Cr.P.C., however, due to typographical mistake, in the order dated 02.07.2021, it has been mentioned that the petitioner has filed the bail application under'Section 439'Cr.P.C. and accordingly, the order was passed.
(2.) On perusal of the record of S.B. Criminal Miscellaneous Bail Application No.10080/2021, I find that the bail application was filed by the petitioner under Section 438 Cr.P.C.
(3.) In that view of the matter, the order dated 02.07.2021 passed in S.B. Criminal Miscellaneous Bail Application No.10080/2021 stands corrected as under:- '1. The present bail application has been filed under'Section 438'Cr.P.C. in connection with FIR No.313/2021 registered at Police Station Kekri, District Ajmer for the offence(s) under'Sections 143,'323,'341,'308'of IPC (in FIR) and for the offences under'Sections 147,'149,'323,'325,'341,'307'of I.P.C. (in order). 2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that none of the injuries sustained by the injured is dangerous to life and the parties have settled their dispute by way of compromise. 3. Counsel for the complainant has admitted the fact of compromise between the parties. 4. Learned Public Prosecutor has opposed the bail application. 5. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and also considering the pandemic of Covid-19 and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application. 6. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kekri, District Ajmer in F.I.R. No. 313/2021 is directed that in the event of arrest of the petitioner- Kumbharam S/o Devilal, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court.' ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.