1998 Supreme(Raj) 1221
RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.A.A.Khan, J.
Ram Niwas and Ors - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 3696 of 98.
Decided On : 7-09-1998
The court considered the specific circumstances of the case and imposed bail conditions to address the concerns related to the assault and family dispute.
Headnote:
Assault - Family Dispute - Bail Granted
Fact of the Case:
The applicant and others allegedly attacked two women from the same family due to a property dispute, causing simple and grievous injuries.
Finding of the Court:
The court directed the release on bail of the accused, considering the circumstances of the case and imposing specific conditions.
Issues: Assault, Family Dispute, Bail Conditions
Ratio Decidendi: The court considered the family relationship, nature of injuries, and the specific involvement of the accused in the assault.
Final Decision: The accused were granted bail with specific conditions to ensure their availability for interrogation and to prevent interference with the case.
JUDGMENT
1. - It is alleged that the applicant and 8-10 others attacked upon Smt. Tasveer Bai and Smt. Madani Bai with sharp as well as blunt weapons and caused them simple and grievous injuries.
2. It was submitted that the parties belonged to the one and same family and some scuffle between them appears to have taken place on account of some dispute of property. It was in the course of such scuffle that Hemraj has been alleged to have caused simple injury to Smt. Tasveer Bai and Satya Narain to Smt. Madani Bai. It was further submitted that though the injury to Smt. Madani Bai was stated to have been shown to be grievous in nature though on X-ray examination the same was found to be simple.
3. It was further submitted that only Hem Ram and Satya Narain and no other members of the family, though made co-accused in the case, were attributed an act of assault against either of two ladies or other members of their family.
4. Looking to the facts and circumstances of the case it is directed that the applicant(s) (1) Ram Niwas S/o Ram Kishan, (2) Pramod S/o Ram Kishan and (3) Rajendra Kumar S/o Ram Niwas, accused in FIR No. 169/1998, Police Station Anta (Distt. Baran), in the event of their arrest, shall be released on bail on their arrest shall be released on bail on their furnishing two sureties in the amount of Rs. 5000/- each with personal bond(s) in the amount of Rs. 10,000/- each to the satisfaction of the officer arresting them and shall observe the following conditions:
(i) that the person(s) shall make himself/themselves available for interrogation by a police officer as and when required :
(ii) that the person(s) 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 to any police officer;
(iii) that the person(s) shall not leave India without the previous permission of the court.
5. This order shall remain in force till the expiry of one month after the submission of the charge sheet, if any, against him/her/them during the meanwhile the applicant(s) may appear before the court concerned and pray for regular bail there.
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