Vishnu 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.15/2024 registered at Police Station Sarada, District Salumber, for offences under Sections 147, 148, 323, 302 and 149 IPC.

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

Drawing attention of the Court towards the FIR and statements of the sole eye-witness of the incident Smt. Sumitra, learned counsel for the petitioner submitted that the specific allegation of inflicting head injury with a sharp weapon (axe) has been levelled against the co-accused Nathu. To substantiate this contention, attention of the Court was also drawn towards the postmortem report of the deceased wherein, the Medical Board has opined that the cause of death is head injury which is antemortem in nature. Learned counsel submitted that the statements of the eye-witness is sufficient to show that the petitioner has nothing to do with the alleged crime.

Lastly, learned counsel submitted that the petitioner is in judicial custody since 15.01.2024; investigation against him has already been completed 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 has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the sole eye-witness of the alleged incident namely Sumitra has levelled specific allegation of inflicting head injury upon the deceased to the co-accused Nathu. This Court also prima facie finds that the weapon allegedly used in commission of the alleged crime has also been recovered at the instance of the co-accused Nathu. This Court also prima facie finds that investigation against the petitioner has already been completed and the prosecution has not shown any apprehension of the petitioner influencing the prosecution witnesses or fleeing from justice in case he is enlarged on bail.

Thus, 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 Vishnu S/o Sh. Thawara arrested in connection with FIR No.15/2024 registered at Police Station Sarada, District Salumber, 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.