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2023 DIGILAW 12 (RAJ)

Sunil Chouhan v. State of Rajasthan

2023-01-02

VINIT KUMAR MATHUR

body2023
JUDGMENT Vinit Kumar Mathur, J. - 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.246/2021, Police Station Boranada, District Jodhpur for the offences under Sections 302/34 IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this Court on 16.02.2022, the statement of seven prosecution witnesses have been recorded before the trial court including PW-7 Babu Lal, who is the owner of the factory, where the incident had taken place. Learned counsel further submits that the deceased Surendra Singh was working as a contract labour at the premises of PW-7 Babu Lal, however, Dampi and Mehraj were given a contract at a lessor rate than Surendra Singh was working. Learned counsel further submits that Surendra Singh went to the factory premises of PW-7 and started fighting with Dumpy and Mehraj abusing them that why they have taken his work at a lessor rate. He further submits that the deceased along with other persons were aggressor and a free fight took place at the factory premises of PW-7 in which Surendra Singh sustained injuries, due to which he died in the hospital. He further submits that there was no intention on the part of the petitioner to cause fatal injuries to Surendra Singh. He further submits that the petitioner has suffered incarceration for more than one year. Therefore, it is prayed that the petitioner may be enlarged on bail. The learned Public Prosecutor opposes the bail. 4. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 5. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sunil Chouhan S/o Sh. 4. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 5. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sunil Chouhan S/o Sh. Pappu Ram arrested in connection with F.I.R. No. 246/2021, Police Station Boranada, District Jodhpur 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. S.B. Criminal Misc. 3 rd Bail Application No. 16399/2022 6. The present third 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.246/2021, Police Station Boranada, District Jodhpur , for the offences under Sections 302/34 IPC. 7. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 8. It is submitted by learned counsel for the petitioner that the first bail application of the petitioner was rejected by this Court on 21.01.2022. However, the second bail application was directly filed before this Court and, therefore, on 08.12.2022, the second bail application was withdrawn with liberty to file the same before the learned trial court. Hence, this third bail application. 9. Learned counsel for the petitioner submits that the statement of seven prosecution witnesses have been recorded before the trial court including PW-7 Babu Lal, who is the owner of the factory, where the incident had taken place. Learned counsel further submits that the deceased Surendra Singh was working as a contract labour at the premises of PW-7 Babu Lal, however, Dampi and Mehraj were given a contract at a lessor rate than Surendra Singh was working. Learned counsel further submits that Surendra Singh went to the factory premises of PW-7 and started fighting with Dumpy and Mehraj abusing them that why they have taken his work at a lessor rate. Learned counsel further submits that Surendra Singh went to the factory premises of PW-7 and started fighting with Dumpy and Mehraj abusing them that why they have taken his work at a lessor rate. He further submits that the deceased along with other persons were aggressor and a free fight took place at the factory premises of PW-7 in which Surendra Singh sustained injuries, due to which he died in the hospital. He further submits that there was no intention on the part of the petitioner to cause fatal injuries to Surendra Singh. He further submits that the petitioner has suffered incarceration for more than one year. Therefore, it is prayed that the petitioner may be enlarged on bail. The learned Public Prosecutor opposes the bail. 10. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 11. Consequently, the third bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Aashin Khan @ Yasin S/o Jahur Kha arrested in connection with F.I.R. No. 246/2021, Police Station Boranada, District Jodhpur 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.