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2021 DIGILAW 1088 (RAJ)

Neku v. State of Rajasthan

2021-07-09

DEVENDRA KACHHAWAHA

body2021
JUDGMENT The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with common F.I.R. No. 194/2021, Police Station Laxmangarh, District Alwar, registered for the offences under Sections 143, 323, 341, 452, 307 & 428 of the Indian Penal Code and Section 3/25 of the Arms Act, 1959 (Amended 2019). Heard learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioners stated that as per prosecution, only 'lathi' has been recovered from the present accused-petitioners; that allegation of fire arm has not been against the petitioners; that there is no grievous injury on vital part of any of the injured persons; and that trial will take time, therefore, benefit of bail may be granted to the accused- petitioners. Per contra, learned Public Prosecutor and the learned cousnel appearing on behalf of the complainant have vehemently and fervently opposed the bail application of the accused-petitioners. Learned counsel for the complainant stated that out of the three injures, one of the injury caused to the injured Mustaq is found grievous in nature (i.e., on knee). He further stated that the FIR has also been filed against the co-accused persons; that there is allegation of common intention; that the head injury has been caused to Shahrukh and backbone injury has been caused to another injured Arshad. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused on the vital part of any of the injured; that no injury has been declared as dangerous to life; that even the grievous injury has been caused to the injured on his knee; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted. Consequently, the bail application is allowed. Consequently, the bail application is allowed. It is ordered that the petitioners, (1) Neku S/o Hayat Khan Alias Hova and (2) Atru Alias Attu S/o Aasina (Bail Application No. 8664/2021) and (1) Sannu Khan Alias Sunne Khan S/o Hussaina and (2) Deen Mohammad Alias Jappa S/o Hussaina (Bail Application No. 9155/2021), all arrested in connection with F.I.R. No. 194/2021, Police Station Laxmangarh, District Alwar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.