Arjun Singh vs State Of Rajasthan

Dr. Pushpendra Singh Bhati, J

In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.127/2020 of Police Station Harsora, District Alwar, P.S. District Bhiwadi for the offences punishable under Sections 143, 323, 341 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the charge-sheet in this case has already been filed. Learned counsel further submits that there is a cross case lodged by the petitioner's family, wherein there was a grievous injury. Learned counsel also submits that there are no previous criminal antecedents against the present petitioner and the petitioner is in custody since 05.07.2021.

Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application and submit that there is a grievous injury, which is dangerous to life.

Looking into the prolonged custody period of the petitioner and the fact that there are no previous criminal antecedents against the present petitioner and there is a cross case between the parties, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted.

Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Arjun Singh S/o Shri Puranmal shall be released on bail in connection with FIR No.127/2020 of Police Station Harsora, District Alwar, P.S. District Bhiwadi provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-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.