The nature of the alleged weapon and the nature of injuries received by the injured are relevant factors in determining the severity of the offense.

Headnote:
Fact of the Case:

The petitioners were arrested in connection with an FIR for offenses under Sections 143, 323, 341, 379 IPC, and later for offenses under Sections 147, 148, 149, 341, 323, 325, 307 of IPC.
Finding of the Court:

The court found that the nature of the alleged weapon (stick) and the nature of injuries received by the injured did not travel beyond the scope of Section 325 IPC, as there was no medical opinion of the injuries being dangerous to life.
Issues: Whether the petitioners should be released on bail.
Ratio Decidendi: The court considered the nature of the allegations, the length of custody, and the filing of the charge-sheet, and found it just and proper to enlarge the petitioners on bail.
Final Decision: The court allowed the bail applications and directed that the petitioners be released on bail upon furnishing a personal bond and two sureties.

ORDER

07/03/2024 The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.217/2023 registered at Police Station Balghat, District (2 of 3) Karauli for the offence under Section(s) 143, 323, 341, 379 IPC and later on for the offence under Section(s) 147, 148, 149, 341, 323, 325, 307 of IPC against the accused-petitioner Jeetan and under Sections 341, 323, 325, 307 IPC against the accused- petitioners-Hakim, Bharat Lal @ Pappu & Nahar Singh.

Learned counsel for the petitioners submits that even if the prosecution case is taken to be true on its face value, looking to the nature of alleged weapon (stick) and the nature of injuries received by the injured-Rama and Sonam, offence does not travel beyond the scope of Section 325 IPC as there is no medical opinion of the injuries being dangerous to life. He submits that the petitioner Jeetan @ Sulli is in custody since 04.12.2023, Hakim and Bharat Lal @ Pappu since 25.01.2024 and Nahar Singh since 27.01.2024, charge-sheet has been filed, trial of the case will take time and prays for their release on bail.

Learned Public Prosecutor has opposed the bail applications.

Taking into consideration the contentions advanced by the learned counsel for the petitioners, the material available on record, nature of allegations against them, their length of custody and filing of the charge-sheet; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail. Accordingly, the bail applications are allowed and it is directed that accused- Jeetan @ Sulli S/o Sh. Kamal Prajapat, Hakim S/o Sh. Kamal, Bharat Lal @ Pappu S/o Sh. Kamal and Nahar Singh S/o Sh. Kamal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR (3 of 3) registered at concerned Police Station, provided each of them 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 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 they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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