Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1440

RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Isharam - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 12543/2021
Decided On : 21-10-2021

Advocates appeared:
Mr. Shoubhag Singh, Advocate, for the Petitioner; Mr. Gaurav Singh, PP, for the Respondent

Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail under Section 439 Cr.P.C. considering the nature of injuries, previous bail granted to co-accused, and the lengthy trial process. The court emphasized that the injuries were not grievous or life-threatening, which influenced its decision to allow bail.]
Fact of the Case:

The petitioner is in judicial custody for offences under IPC and the Arms Act, with a single non-grievous injury reported. Bail was previously granted to a co-accused.
Finding of the Court:

The court found that the injuries were not grievous or dangerous to life, and the trial would take a significant amount of time, warranting the acceptance of the bail application.
Issues: Whether the petitioner is entitled to bail considering the nature of the injuries and the circumstances of the case.
Ratio Decidendi: The court held that the nature of the injuries, the prior grant of bail to a co-accused, and the anticipated delay in trial justified granting bail to the petitioner.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon fulfilling certain conditions.

JUDGMENT

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.73/2021, Police Station Balesar, District Jodhpur, registered for the offences under Section 143, 341, 323, 384, 307/34 of IPC and Section 5/27 of Arms Act.

Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that none of the injury found grievous in nature or dangerous to life on vital part of the body; only a single injury of swelling on left knee is found which is simple in nature; benefit of bail has already been granted to the co-accused Chhotu Singh by this Court vide order dated 24.08.2021; charge-sheet has been filed; and the trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused- petitioner.

Per contra, learned Public Prosecutor opposed the bail application and stated that earlier four other cases have been registered against the accused-petitioner.

Having regard to the facts and circumstances of the case, particularly to the fact that none of the injury found is grievous in nature or dangerous to life on vital part of the body; benefit of bail has already been granted to the co-accused by this Court; charge- sheet has been filed; and 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 application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Isharam S/o Premaram, arrested in connection with F.I.R. No.73/2021, Police Station Balesar, District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- and 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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