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2022 DIGILAW 16 (RAJ)

Manohar Singh S/o. Nem Singh v. State of Rajasthan, through PP

2022-01-04

DEVENDRA KACHHAWAHA

body2022
ORDER : Devendra Kachhawaha, J. 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with C.R. No. 201/2021, Police Station Rani, District Pali, registered for the offences punishable under Sections 143, 341, 323, 307 and 387 of the IPC. 2. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record. 3. Learned counsel for the petitioners stated that there is a dispute regarding ownership and possession of land between the parties; none of the injuries have been found as grievous in nature to be caused on any vital part of the body or declared as dangerous to life; no specific injury has been attributed to the petitioners; omnibus allegations have been levelled against the petitioners; petitioners are behind the bars since 15.11.2021; no recovery or investigation is pending against the petitioners; further investigation and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners. 4. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant has vehemently and fervently opposed the bail application of the accused-petitioners. Learned Public Prosecutor has stated that one 'lathi' has been recovered from the accused-petitioners and earlier, one case has been registered against all the three accused-petitioners. 5. Learned counsel appearing on behalf of the complainant stated that earlier one complaint was filed by complainant side (injured); in that complaint, notices were issued by SDM Court Rani for appearance on 11.11.2021 and the incident took place on 12.11.2021, i.e., on next day of that hearing. He further stated that in the proceedings initiated by Police Station Rani under Sections 107 and 116(3) Cr.P.C., it has been mentioned by concerned Police Station that on asking, no documentary evidence in regard to ownership of the disputed property has been submitted by the accused-petitioner, Manohar Singh, Prem Kanwar W/o Manohar Singh and Mathura Bai. He further stated that relevant prescription slips as well as photographs of the injured persons have been submitted by the complainant side which shows that the injuries have been caused to the injured persons. He further stated that relevant prescription slips as well as photographs of the injured persons have been submitted by the complainant side which shows that the injuries have been caused to the injured persons. He further stated that learned trial Court opined that as per the opinion of the medical expert, injuries of the injured, Bharat Kumar may be declared as dangerous to life, if not treated well within time. 6. Having regard to the facts and circumstances of the case and particularly looking to the facts that it is an admitted position by both the parties that there is a dispute related to land between the parties; none of the injuries have been found as grievous in nature to be caused on any vital part of the body or declared as dangerous to life; as per the statement of injured Kamlesh Kumar and Bharat Kumar, injuries were inflicted by Manohar Singh and Ranjeet Singh; there is no specific allegation that which of the accused was having 'lathi' and which of the accused was having 'iron-rod' (sariya); it is also not disputed that no recovery or investigation is pending; accused-petitioners are behind the bars since 15.11.2021; and 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 application filed by the petitioners deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioners, (1) Manohar Singh S/o Nem Singh, (2) Ranjeet Singh S/o Bagh Singh and (3) Bhomaram S/o Punaram, all arrested in connection with C.R. No. 201/2021, Police Station Rani, District Pali, 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 sureties 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.