Bheru Lal Chaudhary vs State Of Rajasthan And Others

Dinesh Mehta, J

The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 611/2023 registered at Police Station Kotwali, District Bhilwara for the offences under Sections 452, 341, 323, 325, 327 and 34 of Indian Penal Code.

Learned counsel for the applicant submitted that the offences alleged against the present applicant under Sections 323, 452, 341, 325 and 327 of IPC, are all triable by Magistrate and that the applicant is behind the bars since 19.12.2023. Learned counsel contended that an omnibus allegation has been levelled against the applicant and no specific allegation for causing the injury, which is reported to be grievous in nature, has been attributed to the applicant.

Learned Public Prosecutor vehemently opposed the bail application by highlighting that the injury no.6 (inflicted on the nose) has been reported to be grievous in nature.

Heard learned counsel for the parties and perused the record including the injury report.

On perusal of the injury report, this Court finds that the injury no. 6 which has been reported to be grievous in nature is on the nose of the injured that too without any fracture on the nose. Besides that no weapon/arm was used. Hence, this Court deems it appropriate to enlarge the present applicant on bail.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Bheru Lal Chaudhary S/o Ghasi Ram Chaudhary arrested in connection with the FIR No. 611/2023 registered at Police Station Kotwali, District Bhilwara shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.