IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. Criminal Misc. 2nd Bail Application No. 6867/2009
Dharmendra vs. State of Rajasthan
Dated : 08.09.2009
HON’BLE MR. JUSTICE MAHESH BHAGWATI
Mr. Rajendra Prasad, for the petitioner.
Mr. Amit Punia, Public Prosecutor for the State.
This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Rajendra Prasad Advocate on behalf of the applicant Dharmendra pertaining to F.I.R. No. 123/2009 at police station Kanchanpur, District Dholpur, in the offences under Sections 143, 323, 341, 336 and 379 of IPC.
2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.
3. Learned counsel for the petitioner has canvassed that the petitioner is alleged to have been armed with an axe and assaulted upon the skull of injured Om Prakash and caused grievous injury but on C.T. Scan, the injury caused on the skull has been found to be simple in nature. Apart this, no recovery of axe has been made from his possession or at his instance. On the contrary, the recovery of one wooden Funta is found to have been made pursuant to the information rendered by him under Section 27 of Indian Evidence Act. The complainant endeavoured to falsely rope in, all the members of the family in this case. Out of eight persons, four persons were left out by the police during investigation and charge-sheet has been filed against the petitioner and his three brother by the police in the court. Three co-accused persons are already on bail, hence, the petitioner may also be granted indulgence of bail, as the case is pending trial, which is likely to take time.
4. Learned Public Prosecutor albeit, has opposed the bail petition but has fairly conceded that the witnesses in their re-examination, have stated the petitioner to have been armed with wooden Funta. Axe, is stated to have been with the accused Gajendra who has already been released on bail by this Court.
5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the accused petitioner.
6. It is, therefore, ordered that the accused petitioner Dharmendra S/o. Sh. Baijnath in F.I.R. No. 123/2009 at police station Kanchanpur, District Dholpur shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- together with two surety bonds each in the sum of Rs. 15,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded.
(MAHESH BHAGWATI),J.
Mak/-
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