Kishan Singh And Ors vs State Of Rajasthan

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.80/2019 of Police Station Mandore, Distt. Jodhpur for the offence(s) punishable under Section(s) 341, 324, 325, 326, 323/34 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the petitioners and the complainant are neighbours and a quarrel took place between them when petitioners were getting their pipeline repaired. It is submitted that the complainant abused the petitioners and due to provocation, quarrel took place between them. It is argued that the petitioners had no intention to hurt the complainant and the incident took place on spur of the moment. It is also submitted that petitioners are in custody since 24.4.2019 and investigation from them has already been completed.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and submitted that in all, complainant had received as many as nine injuries, out of which, three are grievous in nature. It is also submitted that two injuries are on the head of the complainant and it is a fit case, where the petitioners are liable to be charged for attempt to commit murder of the complainant.

Having regard to the totality of the facts and circumstances of the case and after going through the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Kishan Singh S/o Sh. Bhanwar Singh and Amit S/o

Sh. Kishan Singh shall be released on bail in connection with FIR No.80/2019 of Police Station Mandore, Distt. Jodhpur provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.