SADIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This third application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.166/2023 registered at Police Station Hameergarh, Dist. Bhilwara, for the offences under Ss. 341, 323, 325, 307, 504/34 of IPC. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the petitioner along with the co-accused persons, inflicted injuries upon the head of the injured person- Jakir Hussain. Learned counsel submitted that statements of Dr. Chetan Kumar (PW-06), who prepared the medical opinion of the injuries inflicted upon the injured in the present case, have already been recorded before the competent criminal court on 19/3/2024.

(2.) Learned counsel submitted that during the court statements of PW-06, he has admitted that in the medical report dtd. 13/7/2023, he opined that the injuries caused to the injured-Jakir Hussain are 'grievous in nature', however, later on after 20 days, in his medical report dtd. 1/8/2023, he mentioned that injuries upon the injured person cumulatively were found to be 'dangerous to life". Learned counsel further submitted that from the perusal of the statements of PW-06, it is evident that if the injuries are considered individually, then they are not dangerous to life and the statements of the material prosecution witnesses including the injured- Jakir Hussain (PW-04) have already been recorded before the competent criminal court. Lastly, Learned counsel submitted that the petitioner is in judicial custody since 14/7/2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

(3.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that from a perusal of the statements of PW-06 it is evident that the medical report dtd. 1/8/2023 furnished by him indicating that the injuries were cumulatively found to be 'dangerous to life', after 20 days of the initial medical report dtd. 13/7/2023 wherein he indicated that the injuries were 'grievous in nature". This Court also prima facie finds that the statements of the material prosecution witnesses including the injured- Jakir Hussain have already been recorded before the competent criminal court and the petitioner is in judicial custody since 14/7/2023. The prosecution has not shown any apprehension of the petitioner influencing the remaining prosecution witnesses or tampering with the evidence or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. Consequently, the third bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sadik @ Daud S/o Sh. Mubarik Hussain Mansoori arrested in connection with F.I.R. No.166/2023 registered at Police Station Hameergarh, Dist. Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000.00 and two sureties of Rs.25,000.00 each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.