The court denied bail based on the seriousness of the charges and the grievous nature of the injuries inflicted, emphasizing that such factors outweigh claims of innocence.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Applicant-accused charged under Sections 341, 323, 307 IPC - The applicant was arrested and has been in judicial custody since 12.04.2024 - The court found that the applicant's role in the incident involved causing grievous injury with a sharp weapon, justifying the denial of bail. (Paras 1, 7)

(B) Bail - Considerations for granting bail - The court emphasized the seriousness of the offence and the nature of injuries sustained by the victim, concluding that the applicant is not entitled to bail due to the gravity of the charges. (Paras 7, 8)

Facts of the case:
The applicant-accused was arrested in connection with an FIR for assault, where both the accused and the victim sustained injuries, with the victim suffering grievous harm from a sharp weapon. The investigation was complete, but the court deemed the applicant a flight risk due to the severity of the charges.

Findings of Court:
The court determined that the applicant's actions were serious enough to warrant continued detention, as the injuries inflicted were severe and indicative of the nature of the crime.

Issues: The main issues addressed were the applicant's claim of innocence, the completion of the investigation, and the nature of the injuries sustained by both parties.

Ratio Decidendi: The court ruled that the gravity of the offence, particularly the grievous injury caused to the victim, outweighed the applicant's claims for bail, affirming that serious charges necessitate a denial of bail to ensure justice and public safety.

Result: Bail application dismissed.

ORDER

1. This instant application for bail filed under Section 439 of Cr.P.C . by the applicant-accused Saddam Hussain S/o Jilani in FIR No.84/2024 dated 12.04.2014 registered at P.S. Kishorepura District - Kota, whereby the applicant-accused has charged under Section 341, 323, 307 IPC.

2. The applicant Saddam Hussain S/o Jilani was arrested on 12.04.2024 and has in judicial custody since then. The Court below has dismissed the bail application.

3.Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further he submitted that the investigation relating to present applicant-accused is complete and is no more required by (2 of 3) [CRLMB-6466/2024]

the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.

Learned counsel for petitioner submitted that both injured and present petitioner have sustained injuries. He further referred the injury report of injured Imran and submitted that injury Nos. 1 and 2 are simple in nature. He also referred the statement of witnesses and submitted that the petitioner is in custody for quite some time and injury No.3 is not dangerous to life.

4.Aforesaid contentions were opposed by learned Deputy GA. He also submitted that the charge-sheet has already been filed before the trial court.

5.Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6.A perusal of material on record indicated that on the basis of report of Sharukh (brother of injured) FIR No. 84/2024 was registered on 12.04.2024. The injury reports of injured Imran and present petitioner were prepared. Present petitioner has also received three injuries and all were caused by blunt object whereas Imran sustained 4 injuries and all of them are from sharp object. Injury No.3 is grievous injury and caused by sharp weapon. A perusal of [CRLMB-6466/2024]

(3 of 3) injury report and opinion indicated that injury No.3 was on left side of chest.

7. Having considered the role of the present petitioner in the incident, it is apparent that the petitioner is responsible for causing assault by sharp edged weapon, therefore, looking to seriousness and gravity of the offence in light of the injuries sustained by Imran, I am of the view that the petitioner is not entitled to be released on bail.

8. Hence, the bail application of accused-petitioner-Saddam Hussain preferred under Section 439 Cr.P.C . is hereby dismissed.

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2024 Supreme(Online)(RAJ) 481

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)MR. JUSTICE ASHOK KUMAR JAIN, JSADDAM HUSSAIN S/O JILANI – AppellantVersusSTATE OF RAJASTHAN – RespondentCRLMB / 6466 / 2024

The court denied bail based on the seriousness of the charges and the grievous nature of the injuries inflicted, emphasizing that such factors outweigh claims of innocence.

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ASHOK KUMAR JAIN, J
SADDAM HUSSAIN S/O JILANI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 6466 / 2024