Aarif S/o Mohd Ismail vs The State of Rajasthan

Heard learned counsel for the petitioner, learned Public

Prosecutor and the learned counsel for the complainant. Perused

the material available on the record.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in connection

with FIR No.56/2017 registered at Dungarpur Kotwali Police

Station, Distt. Dungarpur for the offences under Sections 448,

323, 307 and 109 / 34 IPC.

Learned counsel for the petitioner makes an offer that the

petitioner is ready to pay interim compensation to the tune of

Rs.50,000/- by way of solace to the injured Sanjay, to whom the

life endangering injury was caused. He points out that co-accused

Sunil and Shanker have been granted bail on the same

consideration and prays that the petitioner too deserves to be

released on bail.

Learned Public Prosecutor and the learned counsel for the

complainant have opposed the prayer for bail.

Having regard to the facts and circumstances of the case and

the fact that the petitioner is ready to make payment of interim

compensation to the tune of Rs.50,000/- to the injured Sanjay,

this Court is of the opinion that the petitioner deserves to be

released on bail in this case.

Accordingly, the bail application is allowed. It is ordered that

the accused-petitioner Aarif arrested in connection with FIR

No.56/2017 registered at Dungarpur Kotwali Police Station, Distt.

Dungarpur shall be released on bail on his depositing a sum of

Rs.50,000/- with the learned trial Court by way of interim

compensation to the injured Sanjay and provided he furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-

each to the satisfaction of the learned trial court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.

The amount so deposited by the accused shall be disbursed

to the injured Sanjay. It is made clear that the compensation

offered by the accused shall not be treated to be an admission of

offence.