Sarfuddin And Ors vs State Of Rajasthan And Ors

Petitioners have filed this bail application under Section 439 of Cr.P.C.

F.I.R. No.46/2020 was registered at Police Station Surwal, District Sawaimadhopur for offence under Sections 341, 323, 325, 307, 504 & 34 of I.P.C.

It is contended by counsel for the petitioners that there is cross-FIR. Both sides have sustained injuries.

Learned Public Prosecutor and counsel for the complainant have opposed the bail application. It is contended that petitioner has hit the injured with an iron rod on the head and the injury is dangerous to life. However, it is admitted that the injury assigned to petitioner No.2 is not dangerous to life. It is also contended that the matter is still at the stage of investigation.

I have considered the contentions.

Taking note of the fact that one injury which is dangerous to life is assigned to petitioner No.1, I am not inclined to grant bail to petitioner No.1. However, bail application of petitioner No.2 is allowed.

This bail application of petitioner No.2 is accordingly allowed and it is directed that accused petitioner No.2 (Maksud S/o Sarfuddin) shall be released on bail provided he furnishes 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 learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

However, petitioner No.1 would be free to move fresh bail application after filing of the charge-sheet.