Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1877

RAJASTHAN HIGH COURT BENCH AT JAIPUR
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

Advocates appeared:
Mr. Girish Khandelwal, Advocate, for the Petitioner; Mr. Atul Sharma, PP, for the Respondent; Mr. Pradeep Kumar Sharma, Advocate, for the Complainant

The court established that the severity of injuries and the duration of the trial are critical factors in determining the grant of bail under Section 439 Cr.P.C.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioners under Section 439 Cr.P.C., considering the nature of injuries sustained by the victims, the absence of grievous injuries on vital parts, and the prolonged duration of the trial. The court emphasized that while there were allegations of common intention, the specific injuries did not warrant the denial of bail.
Fact of the Case:

The petitioners are in judicial custody related to FIR No. 194/2021 for various offences under the IPC and the Arms Act. The prosecution claims that the petitioners were involved in a violent incident, but the petitioners argue that the injuries were not grievous and that only a 'lathi' was recovered from them.
Finding of the Court:

The court noted that no vital injuries were inflicted on the victims, and the grievous injury was not life-threatening. The court found that the trial would take a significant amount of time, which justified granting bail.
Issues: Whether the petitioners should be granted bail considering the nature of the injuries and the circumstances of the case.
Ratio Decidendi: The court held that the nature of the injuries, particularly the absence of life-threatening injuries, and the lengthy trial process were sufficient grounds to grant bail under Section 439 Cr.P.C.
Result: The bail applications were allowed, and the petitioners were ordered to be released on bail upon furnishing the required bonds.

JUDGMENT

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).

Heard learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record.

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.

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.

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.

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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