Joni Singh vs State Of Rajasthan

Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 88/2020, Police Station Sameja Kothi, District Sriganganagar, registered for the offences under Sections 341, 458, 323, 325, 504, 147, 148 and 149 of the Indian Penal Code.

Heard and considered the arguments advanced by the learned counsel for the petitioners and counsel for the complainant appearing through video calling as well as learned Public Prosecutor present in-person. Perused the material available on record.

Learned counsel for the petitioners appearing through video calling stated that offences are triable by First-Class Magistrate; earlier a complaint was filed by complainant's side before Police Station Sameja Kothi, District Sriganganagar on 02.06.2020, thereafter present FIR was lodged against the petitioner; no recovery or investigation is pending against the petitioners. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioners.

On the contrary, learned Public Prosecutor and learned counsel for the complainant has seriously opposed the bail application and stated that two injured are ladies; as per rejection order injuries are grievous in nature. Learned Public Prosecutor further stated that no grievous injury found on any vital part of the body.

Having regard to the facts and circumstances of the case, particularly looking to the fact that offences are triable by First- Class Magistrate; no recovery or investigation is pending against the accused-petitioner without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioners No.1. - Joni Singh S/o Sh. Iqbal Singh, (2). Baljeet Singh S/o Sh. Jagga Singh (3). Ajay Pal S/o Baljeet Singh and (4). Akashdeep S/o Mahendra Singh arrested in connection with F.I.R. No. 88/2020, Police Station Sameja Kothi, District Sriganganagar, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.