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2009 DIGILAW 1485 (RAJ)

Bhagwan Sahai v. State of Rajasthan

2009-06-19

MAHESH BHAGWATI

body2009
JUDGMENT Hon'ble BHAGWATI, J.—This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Kawal Singh Loha, Advocate on behalf of the applicant Bhagwan Sahai pertaining to F.I.R. No. 179/2009 of police station Galta Gate, District Jaipur in the offences under Sections 143, 379, 341, 323 and 307 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioners has canvassed that the injured Radhey Shyam Sharma found to have sustained fourteen injuries on his person but only injury No. 4 which is being caused on the left little finger has been defined to be grievous in nature. The allegations levelled against the petitioner are omnibus and his no specific role has been ascribed. It is not made out from the contents of the first information report as also the statements of the injured as to which injury was caused by the petitioner, Bhagwan Sahai. The case is still pending investigation which is likely to take time to complete hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition on the ground that the complainant, Radhey Shyam Sharma sustained in all fourteen injuries, including three injuries on parietal occipital region, hence, the bail petition may be dismissed. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record including injury report of injured, it is noticed that all the injuries, except injury No. 4 of Radhey Shyam Sharma have been found simple in nature. Albeit, Radhey Shyam Sharma sustained three injuries on the right and left parietal occipital area of scalp but they have been found to be simple in nature. None of the injuries has been caused by sharp edged weapon. Rest of the injuries are superficial. The petitioner has been in custody for last one month. I, therefore, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the petitioner and the bail petition deserves to be allowed. 6. It is, therefore, ordered that the accused petitioner Bhagwan Sahai S/o Shri Kallu Ram in F.I.R. No. 179/2009 of police station Galta Gate, District Jaipur shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 6. It is, therefore, ordered that the accused petitioner Bhagwan Sahai S/o Shri Kallu Ram in F.I.R. No. 179/2009 of police station Galta Gate, District Jaipur shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 30,000/- together with two surety bonds each of Rs. 15,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded.