IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
RAJENDRA PRAKASH SONI, J.
Tarsem S/o Dungar Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
S.B. Criminal Miscellaneous Bail Application No. 9573/2024
Decided on : 10-09-2024
BAIL - CRIMINAL PROCEDURE - The court denied bail under Section 439 of the Code of Criminal Procedure, emphasizing the serious nature of the charges, including attempted murder, and the prima facie evidence of violent conduct. The court highlighted the risk to society and potential for evidence tampering if the petitioners were released.
Fact of the Case:
The petitioners sought bail in connection with a case involving serious charges, including attempted murder, after allegedly assaulting a complainant's son over a money dispute for liquor, resulting in life-threatening injuries.
Finding of the Court:
The court found that the petitioners inflicted serious injuries on the complainant's son, with evidence suggesting intent to kill or cause severe harm. The incident's public nature and the severity of the injuries indicated a danger to society.
Issues: Whether the petitioners should be granted bail considering the serious nature of the charges and the evidence against them.
Ratio Decidendi: The court determined that the gravity of the allegations, the nature of the injuries inflicted, and the potential risk to the complainant and evidence warranted the denial of bail.
Result: The petitions for bail were dismissed, with the court concluding that the petitioners were not entitled to bail given the circumstances.
ORDER :
1. The prayer made in this bail petitions filed under Section 439 of the Code of Criminal Procedure (Section 483 BNSS Amended) is for grant of bail in connection with crime registered pursuant to First Information Report Number 111/2024 of Police Station Rajiyasar District Sriganganagar in respect of offence(s) punishable under Section(s) 365, 323, 341, 143, 327 of I.P.C.
2. Learned counsel representing petitioners has fervently argued that the petitioners are innocent person and a false case has been foisted against them; that entire allegations so leveled by the police against the petitioners are totally false and baseless; that there is no concrete evidence to show direct nexus between the petitioner and alleged crime, rather case of the prosecution is based on surmises and conjectures instead of sound legal evidence. With the aforesaid submissions, it was prayed that the present petitions be allowed and petitioners may be enlarged on bail.
3. Learned Public Prosecutor has opposed the release of the petitioners on bail at this stage on the ground that there is overwhelming evidence adduced on record which would prima-facie point towards the guilt of the applicants; that keeping in view the gravity of offence alleged to have been committed by them, they does not deserve any leniency, rather they need to be dealt with severely. He thus, craves rejection of the petitioner's bail applications.
4. This Court has carefully perused the record as well as considered the submissions made by learned counsels for the parties.
5. Having given anxious consideration to the rival submissions and having examined the record with reference to the law applicable, I am clearly of the view that the petitioners are alleged to have, at around 8:00 p.m. on a public road, demanded money for liquor from the complainant's son Sharvan Ram. When he refused, they allegedly picked him up, took him a short distance away, beat him and snatched ?12,000 from his pocket. When Shravan Ram regained consciousness, he found himself in a hospital. Prima facie petitioners have inflicted serious injuries upon him, which the medical jurist has described as life-threatening, as the injuries were on vital parts of his body, specifically the head and brain.
6. The crime described above involves the infliction of serious head injuries following a dispute over money for alcohol, which makes it a grave offence. This is particularly when there is prima facie evidence suggesting the intent to kill or cause severe harm such as targeting the head a vital part of the body. Petitioners are facing serious charges like attempted murder. The level of violence involved in the assault, particularly on a public road and involving head injuries, raises the seriousness of the crime, as such injuries could have resulted in death of Sharvan Ram. The fact that incident occurred on a public road at 8 pm in a public area suggests that the petitioners poses a danger to society. In the present case, there is a significant risk that the petitioners could attempt to intimidate complainant or tamper with evidence if released on bail.
7. In view of the enormous prima facie material placed on record in respect of the applicant, the allegations leveled against the petitioners, I am of the considered view that looking to the nature and gravity of the accusation in the instant case, the role attributed to the petitioners, the petitioners are not found entitled to be released on bail.
8. In view of the above, I do not find this to be a fit case for grant of regular bail to the petitioners. Hence, the present petitions are dismissed. Any observation made herein above shall have no bearing on the merits of the case.
The court established that in cases involving serious charges and prima facie evidence of violent conduct, bail may be denied to protect society and ensure the integrity of the judicial process.
The court held that the serious nature of the alleged crime and substantial evidence against the applicants warranted the denial of bail at this stage.
The court granted bail despite serious allegations against co-accused, emphasizing the absence of specific charges against petitioners and the lengthy trial process.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
Bail denied in attempt to murder via hammer blow to head causing fracture; gravity of offence, severe punishment (life imprisonment), and witness tampering risk paramount despite no blood on weapon.
The seriousness of the offense and lack of changed circumstances preclude bail for the applicant.
Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.
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