Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1994

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Aamin – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2612 of 2022
Decided On : 05-03-2022

Advocates appeared:
Vishal Sharma, Advocate, Mahipal Bishnoi, Advocate, Shambhoo Singh, Advocate

The court considered the cross-cases between the parties and granted bail without commenting on the merits of the case.

Headnote:
Bail Application - Cross-case and Bail Granting - The court granted bail to the accused-petitioner considering the cross-cases between the parties and without commenting on the merits of the case.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for the offence under Sections 143, 308, 323, 325, 341 & 504 IPC. The petitioner argued that injuries were received by both sides and it was uncertain which side was the aggressor. The complainant party sustained non-vital injuries, and the trial was expected to take a long time.
Finding of the Court:

The court deemed it just and proper to release the petitioner on bail, considering the cross-cases between the parties and without commenting on the merits of the case.
Issues: The issues involved injuries sustained by both sides, uncertainty about the aggressor, and the length of the trial.
Ratio Decidendi: The court granted bail based on the cross-cases between the parties and without commenting on the merits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail in FIR No.24/2022, Police Station Deedwana.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.24/2022, Police Station Deedwana for the offence under Sections 143, 308, 323, 325, 341 & 504 IPC.

2. Learned counsel for the petitioner submits that the present case is a cross-case in which injuries have been received by both sides. It can not be ascertained at this stage as to which of the side was the aggressor. It is further stated that grievous injuries sustained by the complainant party are on the non-vital part of the body and the doctor has specifically mentioned that no injury is found to be dangerous to life. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

3. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant have vehemently opposed the bail application and submit that two injured received head injuries and challan of the case has not been presented before the competent court. In these circumstances, the petitioner may not be released on bail.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Having regard to the facts and circumstances of the case so also the fact that there are cross-cases between the parties, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner aamin S/o Sh. abdul Rahim shall be enlarged on bail in FIR No.24/2022, Police Station Deedwana provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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