Anil And Others vs State Of Rajasthan

Kuldeep Mathur, J

These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.164/2022 registered at Police Station Naai, District Udaipur, for the offences punishable under Sections 323, 341, 307, 302 and 120B IPC.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submitted that the petitioners have not been named in the FIR. Drawing attention of the Court towards the FIR and statements of the eye-witnesses/injured persons namely Rahul, Jayesh and Dinesh recorded under Section 161 Cr.P.C., learned counsel submitted that the specific allegation of causing injury upon the deceased Lokesh has been levelled against the co-accused Dilkhush. Learned counsel further submitted that no weapon allegedly used for commission of crime, has been recovered from the present petitioners. Learned counsel further submitted that the injuries received by injured persons namely Rahul, Jayesh and Dinesh are simple in nature.

Learned counsel submitted that in view of the fact that the petitioners have not been named in the FIR; no recovery has been made from them; specific allegation of causing head injury to the deceased Lokesh is attributed to co-accused Dilkhush; challan has been filed and the trial of the case is likely to consume sufficiently long time, the petitioners deserve to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail applications. However, he was not in position to refute the fact that the injuries allegedly caused to the above named injured persons are simple in nature. He was also not in position to controvert the fact that specific allegation of causing head injury upon the deceased Lokesh has been levelled against the co-accused Dilkhush.

Having considered the rival submissions, facts and circumstances of the case so also the fact that the injuries allegedly caused to the above named injured persons are simple in nature and the specific allegation of causing head injury upon the deceased Lokesh has been levelled against the co-accused Dilkhush, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Anil S/o Ambalal and (2) Vinod Katara @ Vijay S/o Laxman arrested in connection with F.I.R. No.164/2022 registered at Police Station Naai, District Udaipur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

A copy of this order be placed in each file.