Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 1522 (RAJ)

Hasim @ Abdul Asif v. State Of Rajasthan

2022-05-11

PANKAJ BHANDARI

body2022
ORDER 1. Petitioner has filed this third bail application under Section 439 of Cr.P.C. 2. F.I.R. No. 382/2020 registered at Police Station Malrana Dungar, Sawai Madhopur for offence under Sections 147, 148, 149, 323, 341, 307, 302 & 504 of I.P.C. 3. It is contended by counsel for the petitioner that statement of eye witness has been recorded. A cross case was lodged against the complainant party, in which charge-sheet has been filed and the Investigating Officer has also come to the conclusion that complainant side were the aggressors. It is also contended that from the side of the petitioner, Azam received fourteen injuries, Noor Bano & Siraj received six injuries each and Hasim the present petitioner, also received two injuries. It is further contended that house of the petitioner side was put on fire by the complainant side. It is contended that there are general allegations that six persons from the side of the petitioner called upon Bablu to run over the vehicle on the complainant side. It is also contended that the allegation against the petitioner is that he was sitting in the vehicle and when the vehicle hit the deceased, he also caused injury to the deceased with Gandasi, however, as per the postmortem report, there is no injury caused to the deceased by Gandasi. 4. Learned Public Prosecutor and counsel for the complainant have opposed the third bail application. It is contended that petitioner has criminal antecedents and has actively participated in the commission of the offence. It is also contended that the dispute did not take place in front of the house of the accused, rather it took place on the main road. 5. I have considered the contentions and perused the record. 6. From the charge-sheet which has been filed against the complainant party, it is evident that they were the aggressor party and they have put on fire to the house of the petitioner and four persons from the side of the accused have sustained injuries including grievous injuries. As far as criminal antecedents of the petitioner are concerned, it may be noted that they are prior to the year 2015 and pertains to petty offences. The deceased died due to an accident caused by the vehicle which was driven by Bablu. There are general allegations against many persons of shouting and telling Bablu to drive the vehicle. 7. As far as criminal antecedents of the petitioner are concerned, it may be noted that they are prior to the year 2015 and pertains to petty offences. The deceased died due to an accident caused by the vehicle which was driven by Bablu. There are general allegations against many persons of shouting and telling Bablu to drive the vehicle. 7. Taking note of the above facts also that petitioner is in custody for a period of one year & six months and without commenting upon merits of the case, I deem it proper to allow the present third bail application. 8. The present third bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.