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2024 Supreme(Online)(RAJ) 29281
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SHIVRAJ @ SHIVA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 10895 / 2024
Mr. Kailash Chandra Bishnoi, Mr. Dalip Rajvi, Mr. Vikas Joshi, Mr. Neeraj Kumar Gurjar, GA-cum-AAG, Mr. Hanuman Prajapati, AGA
Bail may be granted when the nature of injuries is not life-threatening, and no risk of influencing witnesses or fleeing justice is established.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Petitioners arrested in connection with multiple FIRs for serious offences - Court finds injuries inflicted are mostly simple, with some grievous but not dangerous to life - No apprehension of influencing witnesses or fleeing from justice - Bail granted. (Paras 1, 6, 7)
(B) Judicial custody - The duration of judicial custody and completion of investigation are factors considered in bail applications, impacting the decision to grant bail. (Paras 4, 6)
Facts of the case:
The petitioners were arrested in connection with FIR No.108/2024 for serious offences including IPC Sections 143, 307, and others. The incident involved cross FIRs with injuries reported as mostly simple and some grievous but not life-threatening. (Paras 1-3)
Findings of Court:
The court finds the nature of injuries and the lack of evidence suggesting potential witness tampering or flight risk as justifications for granting bail. (Paras 6)
Issues: The main issues included the seriousness of the allegations, the nature of injuries, and whether bail should be granted given the circumstances. (Paras 5-6)
Ratio Decidendi: The court ruled that bail can be granted when the nature of injuries is not life-threatening, and there is no risk of the accused influencing witnesses or fleeing justice. (Paras 6)
Result: Bail applications allowed.
Order
1. The present bail applications have been filed under Section 483 BNSS (439 Cr.P.C.) on behalf of the petitioners who have been arrested in connection with F.I.R No.108/2024, registered at P.S. Peelwa, District Deedwana- Kuchaman, for the offences punishable under Sections 143, 323, 341, 307, 447, 427, 384, 325 and 120-B of IPC.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submitted that there are version and cross version of the alleged incident which occurred on 26.06.2024. Learned counsel submitted that the complainant party has also lodged an FIR No.109/2024, registered at Police Station Peelwa, district Deedwana - Kuchaman for the very same incident. Drawing attention of the Court towards the injury report of the injured persons Ajeet Mohammad, Ramprasad and Sanjay attached by the Investigating Agency with challan papers it was urged that the injuries allegedly inflicted upon Ramprasad and Sanjay are simple in nature whereas out of 5 injuries allegedly inflicted upon the injured- Ajeet Mohammad, 3 injuries are simple in nature and the other 2 injuries are grevious in nature but not dangerous to life.
4. Lastly, learned counsel for the petitioners submitted that the accused-petitioners are in judicial custody; investigation against them has already been completed; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
5. Per contra, learned Public Prosecutor has vehemently opposed the bail applications and submitted that looking to the seriousness of the allegations levelled against the present petitioners, they do not deserve to be enlarged on bail.
6. Having regard to the totality of the facts and circumstances of the case and after perusing the injury report, this Court prima facie finds that the injuries allegedly inflicted upon the injured persons Ramprasad and Sanjay are simple in nature whereas out of 5 injuries allegedly inflicted upon the injured- Ajeet Mohammad, 3 injuries are simple in nature and the other 2 injuries are though grevious in nature but not dangerous to life; there are version and cross version of the alleged incident which occurred on 26.06.2024 and the investigation in relation to FIR No.109 lodged by the complainant party registered at Police Station Peelwa, district Deedwana- Kuchaman is also pending; the prosecution has not shown any apprehension of the present petitioners influencing the material prosecution witnesses or fleeing away from justice, in case, they are enlarged on bail. Thus, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
7. Accordingly, the bail applications filed under Section 483 BNSS (439 Cr.P.C.) are allowed and it is directed that petitioners Aasu Ram S/o Hari Ram, Raju S/o Ganga Ram, Ramniwas @ Kotya S/o Bhagu Ram, Ramniwas @ Ramesh S/o Noratram, Shivraj @ Shiva S/o Tola Ram, Prahlad Gurjar S/o Goverdhan Ram and Mangla Ram S/o Gordhan Ram shall be released on bail in connection with F.I.R No.108/2024, registered at P.S. Peelwa, district Deedwana- Kuchaman provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for 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.
8. A copy of this order be placed in each file.
