DEEN DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application under Section 439 Cr.P.C. has been filed by petitioners (1) Deendayal S/o Kumarsen, (2) Ranjeet S/o Babu and (3) Bheema S/o Cheta, who are accused for offence u/Ss.147, 148, 149, 323, 341, 324, 325, 326, 307, 427, 447 and 435 IPC in FIR No.489/2011 registered at Police Station Rupwas, District Bharatpur. It is contended by Shri Ram Kunwar, brother of petitioners, who is brother of petitioner No.1 and cousin of petitioners No.2 and 3 that most of the injured from the side of the complainant received simple injuries by blunt weapons in that, injured Pukhraj received five injuries, one of which is by a sharp edged weapon, Dhara has received five injuries, one of which is on his head, which is found to be grievous, another injured received two injuries; injury No.2 on the nose has been found to be grievous. Jajveer received six injuries, which are all simple in nature, whereas Kumersen from the side of the accused-party received four fire-arm injuries and Jaswant Singh sustained five injuries by a sharp edged weapon, which as per the x-ray report is found to be fracture. The dispute was about a revenue land, which was originally entered in name of the accused-party but subsequently it has wrongly been entered in the names of Bansi and Fatti of the complainant-party. Additional District Collector held that land again entered in the name of accused party. Appeal filed thereagainst by Bansi and Fatti was dismissed and further appeal was also dismissed by the Board of Revenue. The complainant-party has made an an allegation against as many as 41 persons in a whole-sale manner, who have been made accused. Petitioners are in jail for more than a month. There is no specific overt act against petitioners. Trial may take long. Petitioners are ready to face the trial. There are no chances of their fleeing from justice. Representative of the learned Public Prosecutor has opposed the bail application and submitted that apart from the fact that petitioners were members of unlawful assembly, two more previously registered criminal case are registered against accused-petitioner No.1 Deendayal for offence u/Ss.447 & 323 IPC and Sections 326 & 307 IPC. Perusal of the case diary reveals that 41 persons have been made accused. In statements of the witnesses viz. Vijendra, Pukhraj, Shibbo, Dhara, Bishan and Raghunath recorded under Section 161 Cr.P.C. is against accused, most of whom are injured, main allegation has been made against four of the accused persons namely; Jagdish, Pappu, Udaibhan Singh and Devi Singh that they had sharp edged weapons i.e. pharsa and others had lathis, dandas and ballams. First four accused inflicted blows on the head of Pukhraj, finger of right hand and thumb of left hand. Jagdish inflicted pharsi blow on the persons of Jajbeer. Dhara and Udaibhan inflicted a blow on the head. Injury on the head of Dhara, is a fracture. None of the present accused petitioners have been assigned any such specific role of causing injuries by a sharp edged weapon. No specific overt act has been assigned to these petitioners. Without expressing any opinion on the merits of the case, I am inclined to enlarge the petitioners on bail u/S.439 Cr.P.C.

(2.) IN the result, this bail application under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Deendayal S/o Kumarsen, (2) Ranjeet S/o Babu and (3) Bheema S/o Cheta shall be released on bail in FIR No.489/2011 registered at Police Station Rupwas, District Bharatpur for offence u/Ss.147, 148, 149, 323, 341, 324, 325, 326, 307, 427, 447 and 435 IPC upon their furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for their appearance before the trial court on all dates of hearing until conclusion of the trial. However, in case petitioners are again found indulged in committing similar offence in future, the bail so granted to them by this court would be liable to be cancelled at the instance of the prosecution even by the trial court.