Gul Bahadur vs State Of Rajasthan

Kuldeep Mathur, J

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.462/2022 registered at Police Station Surajpol, District Udaipur, for offences under Sections 147, 148, 307 and 149 IPC and Section 3/25 of the Arms Act.

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

Learned counsel for the petitioner submitted that the petitioner is in custody since 19.11.2022. Drawing attention of the Court towards the opinion of the Medical Jurist regarding the injuries allegedly inflicted by the present petitioner upon the injured, learned counsel for the petitioner submitted that as per the opinion of the Medical Jurist, injury Nos.1 and 2 allegedly inflicted by the petitioner upon the injured are simple in nature. No recovery is due to be effected from the petitioner and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application. However, they were not in position to refute the fact that injury Nos.1 and 2 allegedly caused by the petitioner upon the injured are simple in nature and no recovery is due to be effected from the petitioner.

Having considered the rival submissions, facts and circumstances of the case so also the fact that injury Nos.1 and 2 allegedly inflicted by the petitioner upon the injured are simple in nature and no recovery is due to be effected from the petitioner, 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 Gul Bahadur S/o Sh. Behram Khan arrested in connection with F.I.R. No.462/2022 registered at Police Station Surajpol, District Udaipur, 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.