Javed S/O Akhtar Hussain vs State Of Rajasthan
2022 Latest Caselaw 2566 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 16253/2021

Javed S/o Akhtar Hussain, R/o Haji Abdul Ki Dhani, Tan Began
Haidi, Police Station Tijara, District Alwar (Raj.)
(At Present Confined At Sub Jail Kishangarhbas)
                                                         ----Accused-Petitioner
                                    Versus
State of Rajasthan, Through P.P.
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Jiya Ur Rahman
For Respondent(s)         :     Mr. F.R. Meena, PP
                                Mr. Azad Ahmed



              HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

28/03/2022

1. The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Javed S/o Akhtar Hussain.

The petitioner has been arrested in connection with FIR

No.225/2020 registered at Police Station Tijara, District Bhiwari

for the offence(s) under Sections 147, 149, 323, 447, 302, 148 of

the I.P.C.

2. Learned counsel for the petitioner submits that a false case

has been foisted against the petitioner. He has nothing to do with

the alleged offence and no useful purpose would be served by

keeping him behind the bars.

3. Per contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the bail application.

4. Heard learned counsel for the parties. It is submitted by the

learned counsel for the petitioner that as many as nine accused

(2 of 2) [CRLMB-16253/2021]

persons have been charge sheeted in this matter, out of which,

eight others have been released on bail by Coordinate Benches of

this Court. As per the allegations, the injury attributed to the

petitioner is through a sharp edged weapon. The autopsy report,

conducted by the medical officer reveals that two abrasions on the

lower leg of the deceased, this injury can be caused by a weapon

of blunt object. The injury No.2 is the stitched lacerated wound of

size of 7 CM with irregular intervening margins. The Medical

jurisprudence suggests that if a sharped aged weapon is used the

margins of the wound would be regular and clear cut. At the stage

of bail, this Court refrains itself from making any observation, as

the same may affect either of the party, however, placing reliance

on the judgment passed by the Hon'ble Supreme Court in Hallu

and Ors. Vs. State of Madhya Pradesh, reported in 1974

SCR (3) 652. Considering the arguments advanced by the

counsel for the parties and the fact that all other co-accused

persons were released on bail, this court deems it just and proper

to enlarge the petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner, named

above, shall be enlarged on bail provided he furnishes a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for their

appearance before the court concerned on all the dates of hearing

as and when called upon to do so.

(FARJAND ALI),J

RAJAT KUMAR/19

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