HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 3671/2022

Dasrath Singh S/o Narendra Singh, Aged About 30 Years,

Resident Of Bisniya Police Station Gangdhar District Jhalawar

(Raj.) (At Present Confined In Sub District Jail , Bhawani Mandi

District Jhalawar (Raj.)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Rohit Khandelwal

For Respondent(s)

:

Mr. G.S. Rathore, GA-cum-AAG

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

11/03/2022

This second bail application has been filed under

Section 439 Cr.P.C in connection with FIR No.19/2022 registered

at Police Station Gangdhar, District Jhalawar for the offences

under Sections 341, 323, 326 & 308 of IPC and under Section

4/25 of Arms Act.

Learned counsel for the petitioner submits that in the

present case, none of the injuries are dangerous to life and are on

non-vital parts. The petitioner is behind the bars since long and

charge-sheet has already been filed. Counsel further submits that

the offences are triable by the First Class Magistrate and the

petitioner has no criminal antecedents. Hence, the petitioner may

kindly be released on bail.

(2 of 2)

[CRLMB-3671/2022]

Learned

Government

Advocate-cum-Additional

Advocate General has opposed the second bail application.

Heard. Perused the material available on the record.

First bail application of the petitioner was dismissed by

this Court vide order dated 10.02.2022. As per FIR, the petitioner

inflicted injury on Vikram Singh with sword on his right hand palm

and as per injury report of Vikram Singh, he received injury on his

right hand posterior aspect caused by sharp weapon, which is

grievous in nature. Therefore, looking to the above facts and

circumstances of the case and gravity of the offence but without

expressing any opinion on the merits/demerits of the case, I deem

it not proper to enlarge the petitioner on bail.

Accordingly, the second bail application of the petitioner

under Section 439 Cr.P.C. is dismissed. However, the petitioner

would be at liberty to file a fresh one after recording the

statement of injured Vikram Singh.

(CHANDRA KUMAR SONGARA),J

Satyendra/23