Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2272

RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Chailu Singh & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 16051 of 2021
Decided On : 20-12-2021

Advocates appeared:
JVS Deora, Advocate, Mool Singh Bhati, Advocate, Bherulal Jat, Advocate

Bail can be granted under Section 439 Cr.P.C. when the nature of the injuries and circumstances of the case suggest that the allegations may not support the severity of the charges.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail under Section 439 Cr.P.C. after considering the nature of injuries sustained by the complainant, which were deemed simple, and the circumstances surrounding the case, indicating that the allegations of attempted murder were likely exaggerated.]
Fact of the Case:

The petitioners were arrested for multiple offenses including attempted murder under FIR No.107/2021. They applied for bail, claiming the allegations were false and stemmed from a minor dispute.
Finding of the Court:

The court reviewed the case diary and noted that the injuries were simple in nature, leading to the conclusion that the allegations may not warrant the severity of the charges.
Issues: Whether the petitioners should be granted bail considering the nature of the allegations and the injuries sustained by the complainant.
Ratio Decidendi: The court emphasized the importance of the nature of injuries in determining the appropriateness of bail, indicating that less severe injuries could justify bail even in serious allegations.
Result: The bail applications were allowed, and the petitioners were directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.

2. The petitioner(s) has/have been arrested in FIR No.107/2021 of Police Station Sri Balaji, Distt. Nagaur for the offence(s) punishable under Section(s) 143, 341, 323, 365, 307, 308/34 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioners has submitted that allegation of attemting to commit murder of the complainant, levelled against the petitioners, is absolutely false. It is argued that as a matter of fact, a minor dispute arose between the parties, in which, the complainant had received simple injuries.

4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.

5 .Having regard to the totality of the facts and circumstances of the case, after going through the case diary and keeping in view the fact that the injuries, for which, X-ray was conducted are simple in nature, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) ? (1) Chailu Singh S/o Sh. Prahlad Singh, Shrawan Singh S/o Laxman Singh and (3) Mahendra Singh S/o Prahlad Singh shall be released on bail in connection with FIR No.107/2021 of Police Station Sri Balaji, Distt. Nagaur provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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