IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Devendra Kachhawaha, J.
Neku & Ors. - Appellants
Versus
State Of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 8664/2021 Connected With S.B. Criminal Misc. Bail Application No. 9155/2021
Decided on : 09-07-2021
Bail - Criminal Law - Interpretation of Sections 143, 323, 341, 452, 307 & 428 of the Indian Penal Code and Section 3/25 of the Arms Act, 1959 (Amended 2019) - Court allowed bail applications based on the absence of injuries to vital body parts, non-life-threatening injuries, and the expected lengthy trial period.
Fact of the Case:
The bail applications were filed for the accused-petitioners who were in judicial custody for offenses under various sections of the Indian Penal Code and the Arms Act. The prosecution alleged recovery of a 'lathi' from the accused-petitioners and injuries to the victims, while the defense argued for bail due to the absence of firearm allegations and non-life-threatening injuries.
Finding of the Court:
The Court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioners based on the absence of injuries to vital body parts, non-life-threatening injuries, and the expected lengthy trial period.
Issues: The main issue was whether the accused-petitioners should be granted bail considering the nature of injuries, absence of firearm allegations, and the expected trial duration.
Ratio Decidendi: The Court's decision was influenced by the absence of injuries to vital body parts, non-life-threatening injuries, and the expectation of a lengthy trial period.
Final Decision: The bail applications were allowed, and the accused-petitioners were ordered to be released on bail upon fulfilling the specified conditions.
JUDGMENT
1. The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with common F.I.R. No. 194/2021, Police Station Laxmangarh, District Alwar, registered for the offences under Sections 143, 323, 341, 452, 307 & 428 of the Indian Penal Code and Section 3/25 of the Arms Act, 1959 (Amended 2019).
2. Heard learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners stated that as per prosecution, only 'lathi' has been recovered from the present accused-petitioners; that allegation of fire arm has not been against the petitioners; that there is no grievous injury on vital part of any of the injured persons; and that trial will take time, therefore, benefit of bail may be granted to the accused- petitioners.
4. Per contra, learned Public Prosecutor and the learned cousnel appearing on behalf of the complainant have vehemently and fervently opposed the bail application of the accused-petitioners. Learned counsel for the complainant stated that out of the three injures, one of the injury caused to the injured Mustaq is found grievous in nature (i.e., on knee). He further stated that the FIR has also been filed against the co-accused persons; that there is allegation of common intention; that the head injury has been caused to Shahrukh and backbone injury has been caused to another injured Arshad.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused on the vital part of any of the injured; that no injury has been declared as dangerous to life; that even the grievous injury has been caused to the injured on his knee; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the petitioners, (1) Neku S/o Hayat Khan Alias Hova and (2) Atru Alias Attu S/o Aasina (Bail Application No. 8664/2021) and (1) Sannu Khan Alias Sunne Khan S/o Hussaina and (2) Deen Mohammad Alias Jappa S/o Hussaina (Bail Application No. 9155/2021), all arrested in connection with F.I.R. No. 194/2021, Police Station Laxmangarh, District Alwar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- 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.
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