CHAND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.264/2020 of Police Station Bilara, District Jodhpur, for the offence punishable under Ss. 341, 323, 325, 326, 307, 302/34 of IPC. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail application was dismissed as not pressed by this Court on 8/9/2022 with liberty to file afresh after recording the statement of Doctor. Learned counsel for the petitioner submits that now the Doctor has been examined before the trial Court as PW/8 and according to the postmortem report, all the injuries received by the deceased are on the non-vital parts of his body and the Doctor has also corroborated the same. Counsel further submits that Doctor has submitted that all the injures are simple in nature. The accused-petitioner is in judicial custody since 16/6/2020 and the trial of the case will take sufficient long time to be concluded.

(2.) Therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor vehemently opposed the bail application and submits that the specific allegation has been levelled against the petitioner for causing the injuries, therefore, bail may not be granted. Having regard to the totality of the facts and circumstances of the case, according to the statement of Doctor (PW/8), he clearly mentioned that all the injuries received by the injured on his non-vital part of the body and the injuries are simple in nature and the petitioner is behind the bars for about four years, therefore, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.

(3.) Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Chand Singh S/o Shri Hadman Singh shall be released on bail in connection with FIR No.264/2020 of Police Station Bilara, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000.00with two sound and solvent sureties of Rs.50,000.00 each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.