Mahaveer And Ors vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.227/2020

registered at Police Station Sadar Bundi District Bundi for the offence(s) under Sections 323, 341, 143 of IPC and later on for offence under Sections

143, 307, 324, 323 IPC.

It is contended by learned counsel for the petitioners that it is a case of version and cross version in which persons from both sides including petitioner-

Mahaveer have received injuries. He submitted that although, there is allegation against Mahaveer of inflicting sharp edged injury on the person of

injured Smt Tasveer Bai; but, it is not medically corroborated. He submitted that the petitioners are in custody since 16.10.2020, charge-sheet has

already been filed, trial of the case will take time, they have no criminal antecedents of similar nature, co-accused Sardari Lal has already been

extended benefit of bail by this Court and prayed for their release on bail.

Learned Public Prosecutor assisted by the counsel for the complainant opposing the bail application submitted that there is specific allegation against

the petitioner-Mahaveer of inflicting injury on the person of Smt. Tasveer Bai, which has been opined to be grievous in nature and dangerous to life

and hence, they do not deserve indulgence of bail.

Taking into consideration the submissions advanced by respective parties, nature of allegation against the petitioners, their length of custody, filing of

the charge-sheet, absence of criminal antecedents of like nature and the material available in the charge- sheet; but, without expressing any opinion on

the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Mahaveer S/o Bala, 2. Mohan Lal S/o Kesari Lal shall be

released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them

shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty

thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section

437(3) Cr.P.C.