ZALA KANTUBHA BHIKHUBHA ... Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R. No.I - 46 of 2017 registered with Santhal Police Station for the offence punishable under Sections 307 , 326 , 325 , 324 , 452 , 504 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(3.) Having considered the rival contentions, it appears that on a trivial issue the petitioner is alleged to have assaulted the victim who was hospitalised, on account of injuries attributed to the petitioner, for a period of 14 days in a general hospital. Considering the medical case papers as also the nature of injuries as also that the victim is now out of danger as also the fact that there are no antecedents against the petitioner, the case for admitting the petitioner to bail is made out more particularly in the light of the submissions of the learned counsel for the petitioner that the petitioner will file an undertaking with the court concerned expressing his willingness to pay to the victim a sum of Rs.5,000/- (Rupees Five Thousand) without prejudice to his rights and contentions; however without claiming the same as set-off against fine if any, as may be imposed upon him by the court on conclusion of trial as compensation for the victim. The petitioner is thus required to be admitted to bail on his complying with the condition of deposit of the amount stated hereunder, within the specified time as prescribed hereunder; until termination of the proceedings against him. The learned counsel further submitted that the petitioner would post the demand draft drawn in favour of the victim by registered post and would produce the evidence of having posted the same alongwith the acknowledgment from the victim, on the record of the court. Learned counsel further states that undertaking abovestated will be filed within two days and would be acted upon within seven days from the petitioner's release.