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2009 DIGILAW 660 (RAJ)

Mukesh @ Manish v. State of Rajasthan

2009-03-03

MAHESH BHAGWATI

body2009
JUDGMENT Hon'ble BHAGWATI, J.— This order governs the disposal of bail application filed under section 439 of Cr.P.C. by Shri Girish Khandelwal Advocate on behalf of the applicant pertaining to F.I.R. No. 267/08 of Police Station Kherli (Alwar) in the offence under Section 302 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the FIR of this case was lodged after a delay of five days of the occurrence on 14.10.2008, whereas, the occurrence of this case is alleged to have taken place on 9.10.2008. While drawing my attention to the facts as enumerated in the police report, the learned counsel contended that the deceased entered in the petitioner's house and endeavoured to ravish her sister during night hours. Having heard the screams of the sister, he had his brother got up. The petitio-ner assaulted upon the head of the deceased but the deceased succeeded in fleeing from the spot. His sister lodged report with the police station Kherli, where a case came to be registered in the offences under Sections 376/511 and 456 of IPC. Learned counsel has further canvassed that the petitioner never intended to commit murder of the deceased. Since, her sister was struggling, the petitioner assaulted upon with a view to remove him. The deceased first was got admitted in the hospital at Kherli, thereafter he was transferred to Bharatpur and when his condition deteriorated, he was shifted to S.M.S. Hospital, Jaipur where he succumbed to his injuries. Keeping all these facts and circumstances, the petitioner deserves to be released on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions made at the bar and scanned the relevant material available on record, including the FIR No. 259/08, lodged by the sister of the petitioner Gudia with Police station Kherli. It is noticed that this FIR was lodged on the same day i.e. on 9.10.2008 wherein, it is categorically stated that the deceased Lokesh was identified by the petitioner and his brother who entered into his house and attempted to commit rape upon her. It is noticed that this FIR was lodged on the same day i.e. on 9.10.2008 wherein, it is categorically stated that the deceased Lokesh was identified by the petitioner and his brother who entered into his house and attempted to commit rape upon her. I without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances, do feel inclined to granted indulgence of bail to the accused petitioner and the bail petition submitted on his behalf is allowed. 6. It is, therefore, ordered that the accused petitioner Mukesh @ Manish S/o. Laxmanram in F.I.R. No. 267/08 of Police Station Kherli (Alwar) shall be released on bail on furnishing a personal bond in the sum of Rs. 30,000/- together with two surety bonds each of Rs. 15,000/- to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded.