Rajasthan High Court - Jodhpur
Aakash Kande @ Billa vs State Of Rajasthan ... on 18 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/016061]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 594/2023
Aakash Kande @ Billa S/o Shri Kishan Lal Chhajgariya, Aged
About 25 Years, R/o Ashok Nagar - B Mosham Vibhag Ke Pass
Tehsil And Distt. Sri Ganganagar.
(Presently Lodged In District Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor
JUSTICE DINESH MEHTA
Order
18/05/2023
1. This 2nd application for bail has been filed by the applicant
under Section 439 of the Code of Criminal Procedure in connection
with FIR No.405/2022, Police Station Jawaharnagar, District Sri
Ganganagar for the offences under Sections 307, 323, 325, 147,
148 and 149 of the Indian Penal Code.
2. The 1st bail application (S.B. Criminal Misc. Bail application
No.1524/2022) filed by the applicant was withdrawn by the
applicant on 05.12.2022, with the liberty to file afresh once
charge-sheet is filed.
3. Mr. Shah, learned counsel appearing for the applicant invited
Court's attention towards the statements of the injured Rohit
Nayak, statements of the other injured Shiv Kumar, the injury
report and more importantly, the report given by Dr. Pramod
Choudhary and argued that even if it is assumed that the
applicant was having an iron rod with him and because of the
beating, the injured suffered injury at a 'Parietal Temporal region',
[2023/RJJD/016061] (2 of 4) [CRLMB-594/2023]
having regard to the size of injury and the report given by Dr.
Pramod Choudhary, who specifically mentioned that no injury
suffered by the injured Rohit Nayak was dangerous to life, no
offence under Section 307 of the Indian Penal Code can be said to
be made out against him.
4. Having invited Court's attention towards these facts, learned
counsel argued that it can maximum be a case under Section 325
of the Indian Penal Code and since the charge-sheet has been
filed and recovery has been made, the applicant who is behind
bars since 22.09.2022 is entitled to be enlarged on bail.
5. Learned Public Prosecutor vehemently opposed the
applicant's bail application by submitting that it was the applicant
(Aakash @ Billa), who was the kingpin and who instigated all the
other accused persons to cause injury to the injured persons.
6. He further submitted that looking to the fact that the
applicant and other persons armed with lathis, iron rods, etc. had
clear intention to cause grievous injury and to commit murder and
therefore, a case of attempt to murder is clearly made out against
the present applicant.
7. Learned Public Prosecutor further submitted that there are
following three criminal cases pending against the present
applicant:-
S.No. P.S. FIR No. with date Result
and offences
1. Jawahar Nagar 616/2008, 10.11.2008, Challan C.S.
under sections 458, No.138/2019
323, 324, 336, 504,
147, 148, 149 of IPC
and 4/25 Arms Act
[2023/RJJD/016061] (3 of 4) [CRLMB-594/2023]
2. Jawahar Nagar 292/2021 under Challan C.S.
sections 308, 323, No.582/2021
324, 341, 147 & 149 of
IPC
3 Sadar 142/2018, 18.04.2018 Challan C.S.
under sections 382, No.121/2018
341, 323, 427 & 147 of
IPC
8. Learned Public Prosecutor relied upon the judgment of this
Court in the case of Vijay Kumar Meena Vs. State of Rajasthan:
2008(3) WLC 261 in order to substantiate his contention that
when multiple criminal cases are pending against the accused, he
should not be enlarged on bail.
9. Heard and perused the record.
10. It would be apt to reproduce the report given by Dr. Pramod
Choudhary. Report reads thus:-
"Forwarded to SHO PS Jawaharnagar after
going through the TRMO 865, 14.09.2022 and
X-Ray.
However in my opinion - no any injury is
dangerous to life."
11. Having heard learned counsel for the parties and upon
perusal of the injury report; statement of the injured and more
particularly, the corresponding clarification given by Dr. Pramod
Choudhary after due examination of injury, X-ray, etc. this Court
finds that the injuries namely 4, 6 and 10 though have been
shown to be grievous in nature but they are on non-vital parts of
the body (upper limb and lower limb).
12. That apart the fact that single blow on the head with iron rod
(if any) has not caused any grievous injury (fracture etc.) on the
head or Parietal Temporal region, the prosecution's case that the
[2023/RJJD/016061] (4 of 4) [CRLMB-594/2023]
applicant and his aides intended to murder the injured Rohit may
not ultimately be proved.
13. In prima-facie view of this Court the injury of 10 X 1.5 cm
without even touching the skull can normally not be a result of
blow with iron rod, which the applicant had in his hands. That
apart, all the co-accused have been given benefit of bail, hence
this Court deems it just and proper to grant bail to the accused-
applicant under Section 439 of the Code of Criminal Procedure.
14. Consequently, the bail application filed under Section 439 of
the Code of Criminal Procedure is allowed. The applicant Aakash
Kande @ Billa arrested in connection with FIR No.405/2022, Police
Station Jawaharnagar, District Sri Ganganagar shall be released
on bail on his furnishing personal bond in the sum of Rs.50,000/-
and two sureties of Rs.25,000/- each to the satisfaction of the trial
Court.
15. Applicant shall be required to appear before that Court on all
dates of hearing and as and when called upon to do so.
16. Needless to mention that the above observations made by
this Court are on the basis of material so far produced before the
Court. These are only prima-facie observations and the same shall
however, not come in the way of the trial Court to take
independent view of the matter, based on ocular and oral
evidence, while finally deciding the case.
(DINESH MEHTA),J
425-Ramesh/-
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