Deepesh Bhati vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1

FIR Number

329/2023

2

Concerned Police Station

Mandore

3

District

Jodhpur City East

4

Offences alleged in the FIR

Sections 143, 323, 341, 307, 382 & 427 of IPC

5

Offences added, if any

--

6

Date of passing of impugned order

--

It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

I have considered the submissions made by both the parties and have perused the material available on record. This is a second bail application. The first bail application was dismissed with liberty to file afresh after filing of the challan. There were no animosity rather they were neighbours. The dispute arose in between them on a very trivial issue regarding removal of the vehicle scooty stationed from the place whereupon both the parties have scuffled without any pre-meditation. There is a substance in the submission of the defence that neither the injuries received by the nor the circumstances of the case bringing the matter within the ambit of Section 307 IPC. Be that as it may. Charge-sheet has been filed. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

Accordingly, the instant second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail 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 do so.