An accused charged with an offence under Section 325 IPC (causing grievous hurt by dangerous weapons or means) may be granted bail if the injury sustained by the victim is not dangerous to life.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 17546/2022

Sonu Yadav Son Of Shri Jagjeet Pal, Aged About 25 Years,

Resident Of Village Shehad, Police Station Pacheri Kalan District

Jhunjhunu (Raj.) At Present Resident Of Behind N.h. 11 Hotel,

Muhana Mandi Road, Police Station Muhana, District Jaipur (Raj.)

( At Present Confined In Central Jail Jaipur)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Sumer Singh Ola

For Respondent(s)

:

Mr. N.R. Saran, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

04/01/2023

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.621/2022 registered at Police Station Shipra Path District

Jaipur City (South) for the offence(s) under Section(s) 143, 323,

379 & 452 IPC and later on for the offences under Sections 143,

323, 308 & 452 IPC.

It is contended by learned counsel for the petitioner that he

has falsely been implicated in this case wherein, in the FIR, there

are omnibus allegations against a number of persons. He

submitted that the injury on the person of Radhey Kirshan is by

blunt weapon which has not been found to be dangerous to life

and hence, the offence does not travel beyond the scope of

Section 325 IPC. Learned counsel submitted that the petitioner is

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[CRLMB-17546/2022]

in custody since 24.11.2022, investigation as against him is

complete, trial of the case will take time and prayed for his

release on bail.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by

learned counsel for the petitioner, the nature of allegations against

him, his length of custody, the material contained in the case diary

especially the statement and injury report of Shri Radhey Kirshan

and statement of Shri Abhishek recorded under Section 161 CrPC;

but, without expressing any opinion on the merits of the case, this

Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed

that accused-petitioner Sonu Yadav Son Of Shri Jagjeet Pal

shall be released on bail under Section 439 Cr.P.C. in connection

with afore-mentioned FIR registered at concerned Police Station,

provided he furnishes a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial court with the stipulation that he shall comply with all

the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

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