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2022 DIGILAW 1361 (RAJ)

Suyalal v. State Of Rajasthan

2022-04-29

ASHOK KUMAR GAUR

body2022
JUDGMENT 1. This second bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.59/2021, registered at Police Station Vazirpur, District Sawai Madhopur for the offence(s) under Sections 143, 323 & 341 IPC. The Police after investigation added Sections 302, 302/34 & 447 of IPC. 2. The present second bail application has been filed by the petitioner as the first bail application wa3s dismissed by this Court on 12.01.2022 as the same was withdrawn at that stage. 3. Learned counsel for the petitioner submitted that the Police after investigation has filed charge sheet and the statement of witnesses clearly reveal that the accused-petitioner was not initially present when the initial incident had taken place. 4. Learned counsel for the petitioner submitted that the statement of witnesses namely Kajal and Sajna (minor girls) also give first version of the incident. 5. Learned counsel for the petitioner submitted that the allegation against the present petitioner is not of using any weapon. 6. Learned counsel for the petitioner submitted that the allegation of using (darati) is against other co-accused Rukmani and she has already been enlarged on bail by this Court on 12.01.2022. 7. Learned counsel for the petitioner further submitted that the only allegation against the petitioner is using his fist & legs to cause injury on chest of the deceased-Rajulal Meena. 8. Learned counsel for the petitioner submitted that the deceased had suffered only one injury on his abdomen and same injury was fatal and cause of death of the deceased was also 'shock' as a result of antemortem injury No.1. 9. Learned counsel for the petitioner submitted that the petitioner and the complainant-party are family members and there is a dispute in respect of land of both the parties. 10. Learned counsel for the petitioners further submitted that the petitioner is in custody since 16.04.2021 and trial of the case will take considerable time. 11. Learned counsel for the petitioner submitted that evidence so collected by the Police during investigation in no way can convict the petitioner finally under Section 302/34 IPC. 12. Learned Public Prosecutor has opposed the bail application and submitted that there is a specific allegation against the petitioner of causing injury on chest of the deceased-Rajulal Meena. 13. 11. Learned counsel for the petitioner submitted that evidence so collected by the Police during investigation in no way can convict the petitioner finally under Section 302/34 IPC. 12. Learned Public Prosecutor has opposed the bail application and submitted that there is a specific allegation against the petitioner of causing injury on chest of the deceased-Rajulal Meena. 13. Learned Public Prosecutor further submitted that the petitioner with an aid of other co-accused had planned in advance to commit the offence which is of serious nature. 14. Learned Public Prosecutor submitted that the first bail application was rejected by this Court as counsel for the petitioner had withdrawn the same and as such this Court may not enlarge the petitioner on bail. 15. This Court, prima-facie, notices the following features in the present case, which are read as under:- (i) That the deceased-Rajulal has only received one injury in his abdomen and said injury is specifically assigned to other co-accused Rukmani. (ii) The statement of witnesses namely Kajal and Sajna, specifically mentions that the petitioner was not initially present on the site and he later on came when the incident had taken place. (iii) The allegation against the petitioner has been made of general nature by other witnesses. (iv) The petitioner is said to be in custody since 16.04.2021 and trial court has only framed charges on 16.02.2022 and as such trial may take considerable time. 16. This Court, in view of the aforesaid discussion and without expressing any opinion on the merits of the case, deems it just and proper to release the petitioner on bail. 20. Accordingly, the present second bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that the accused- petitioner Suyalal S/o Shri Harola, shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each, to the satisfaction of the learned Trial Court for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.