Ankit vs State Of Rajasthan

Kuldeep Mathur, J

By way of the present interim bail application, the petitioner has sought for the following relief:

“It is, therefore, most humbly and respectfully prayed that the interim bail application u/s 439 Cr.P.C. of the petitioner may kindly be allowed and he may kindly be ordered to be enlarged on bail in F.I.R. No.187/2022, P.S. Taranagar, District Churu (Sessions Case No.15/2022 State Vs. Ankit & Ors.) during the trial of above mentioned case and the petitioner is ready to file bail bonds as per the directions of Hon’ble High Court.”

Drawing attention of the Court towards various documents pertaining to medical examination of the petitioner and head injury sustained by him in the alleged incident which happened on 18.03.2022, learned counsel for petitioner submitted that the petitioner needs to be re-operated by a neurologist/neurosurgeon at Sirsa (Haryana) where he had earlier undergone an operation.

This Court, vide order dated 01.03.2024, directed the learned Public Prosecutor to call for the factual report pertaining to the petitioner’s ailment.

In compliance of this Court’s order dated 01.03.2024, learned Public Prosecutor submitted factual report/medical report of the petitioner issued under the signatures of doctors of Department of Forensic Medicine and Toxicology, P.D.U. Medical College and associated Government D.B. Hospital, Churu dated 02.03.2024 wherein, they have opined that the petitioner needs to be sent to a higher centre for further investigation and treatment under neurosurgeon/neurologist/plastic surgeon.

Learned Public Prosecutor and learned counsel for the complainant vehemently opposed the present interim bail application. Learned counsel jointly submitted that the petitioner is facing trial for the offences under Section 302, 147, 148, 149 and 120B IPC, therefore, looking to the seriousness of accusation against him, the petitioner does not deserve to be enlarged on interim bail.

Having considered the facts and circumstances of the case and after going through the medical reports of the petitioner, this Court is inclined to release the petitioner on interim on bail for a period of two months from the date of actual release.

Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ankit S/o Indraj arrested in connection with F.I.R. No.187/2022, registered at Police Station Taranagar, District Churu, for the offences under Section 302, 201 and 427/34 of the IPC, be released on interim bail for a period of two months, provided he furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- (out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of two months from the date of actual release.

Let this bail application be again listed on 22.05.2023. Learned Public Prosecutor shall be required to submit the compliance report of the order as to whether the petitioner has surrendered or not.