Banshilal vs State Of Rajasthan And Others

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.284/2023 registered at Police Station Bichiwada, District Dungarpur, for offences under Sections 452, 323, 325, 307 and 354/34 of IPC.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that co-accused Shankarlal (S.B. Cr. Misc. 2nd Bail Application No.15693/2023) has already            been enlarged on bail by this Court vide order dated 12.01.2024. The order dated 12.01.2024 is reproduced herein below for ready reference:

“This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No. 284/2023 registered at Police Station Bichiwada, Distt. Dungarpur, for the offences under Sections 452, 323, 325, 307 and 354/34 of IPC.

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

Learned counsel for the petitioner submitted that the petitioner had no motive to commit the alleged crime. He has drawn attention of the Court towards the injury report of the injured Ramesh prepared by Senior Medical Officer, Health Center, Dungarpur dated 23.7.2023. Learned counsel for the petitioner further submitted that out of the four injuries inflicted by the petitioner upon injured Ramesh, three injuries are simple in nature and only one injury is alleged to be grievous in nature but not dangerous to life. Lastly, it was submitted that that investigation against the petitioner has already been completed and the petitioner is in judicial custody since 11.8.2023; trial is likely to take long time and no fruitful purpose would be served to keep the petitioner behind the bar, therefore, the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having perused the statements of injured Ramesh recorded under Section 161 Cr.P.C. and the injury report of the injured Ramesh, this Court prima facie finds that out of the four injuries sustained by the injured, three injuries are simple in nature and one injury though grievous but is not dangerous to life, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shankarlal S/o Hakra arrested in connection with F.I.R. No. 284/2023 registered at Police Station Bichiwada, Distt. Dungarpur shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.”

Learned counsel urged that case of the present petitioner is not distinguishable from that of co-accused Shankarlal who has already been enlarged on bail. Learned counsel submitted that investigation against the petitioner has already been completed; the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that above named co-accused Shankarlal has already been enlarged on bail.

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

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not distinguishable from that of above named co-accused persons.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Banshilal S/o Shankarlal shall be enlarged on bail in connection with FIR No.284/2023 registered at Police Station Bichiwada, District Dungarpur, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.