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2012 DIGILAW 1709 (RAJ)

Dilip Singh v. State of Rajasthan

2012-08-07

SANDEEP MEHTA

body2012
JUDGMENT 1. - Heard learned counsel for the applicant and the learned Public Prosecutor as well as learned counsel for the complainant and perused the case diary.The instant bail application under Section 439 Criminal Procedure Code has been filed on behalf of the applicant who has been arrested in connection with F.I.R. No. 167/2012 registered at Police Station Gangashahar, District Bikaner for the offences under Sections 307, 323, 341 and 143 Indian Penal Code. 2. Learned counsel for the applicant contends that three of the injured persons are alleged to have received injuries on head and the accused persons who were attributed the said injuries have been granted bail by this Court as well as the Sessions Court. He submits that though the applicant has been attributed injury by sharp edged weapon on the head of injured Sohan Singh but the said injury has been found to be by blunt weapon. Otherwise also, he submits that it is a simple injury. He further submits that out of the eight cases registered against the applicant, he has been acquitted in two cases while in one case, the police has not charge-sheeted him and the remaining cases involve offences of trivial nature. In view of the aforesaid facts, he prays that the applicant deserves to be released on bail. 3. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and they submit that the applicant is an habitual offender and has caused injury on head of the injured Sohan Singh by a barchi and thus, it is prayed that the applicant does not deserves to be released on bail. 4. Considered the arguments advanced at the bar. 5. Other accused persons in this case have been granted bail by this Court. Out of eight cases said to be registered against the applicant, he has been acquitted/exonerated in three of them and other cases are of trivial nature. The injury on the head of Sohan Singh which is attributed to the applicant by Barchi, has actually been found to be a blunt weapon injury upon medical examination. Thus, without expressing any opinion on the merits of the case, this Court is inclined to grant bail to the applicant under Section 439 Criminal Procedure Code 6. The injury on the head of Sohan Singh which is attributed to the applicant by Barchi, has actually been found to be a blunt weapon injury upon medical examination. Thus, without expressing any opinion on the merits of the case, this Court is inclined to grant bail to the applicant under Section 439 Criminal Procedure Code 6. Accordingly, the instant bail application is allowed and it is directed that applicant Dilip Singh be released on bail in F.I.R. No. 167/2012 registered at Police Station Gangashahar, District Bikaner, provided he executes a personal bond for a sum of Rs. 50,000/- along with two sound and solvent sureties in the sum of Rs. 25,000/- each to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do till the completion of the trial.Bail Application allowed. *******