Praveen vs State Of Rajasthan

Dinesh Mehta, J

The second bail application has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.359/2023, registered at Police Station Dovra, District Dungarpur for the offences under Sections 147, 148, 149, 332, 333, 353 and 307 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).

The first bail application being (S.B. Criminal Miscellaneous Bail Application No. 15850/2023) filed on behalf of the applicant was dismissed as withdrawn with a liberty to file afresh, once the charge-sheet is filed, on 04.01.2024

Learned counsel for the applicant submitted that the charge-sheet has been filed and neither any investigation is pending nor any recovery remains to be made and prayed that the applicant, who is behind the bars since 28.11.2023 be enlarged on bail.

Learned counsel for the applicant submitted that the applicant is a young boy of twenty years and in his aggression and in spur of moment, he assaulted the police personnels, however, the injury attributed to them is not of the nature for which he can be convicted for offence under Section 307 of IPC.

Inviting Court’s attention towards the injury report, learned counsel submitted that injured, namely, Mahesh has received only simple injuries and therefore, he be enlarged on bail.

Learned Public Prosecutor opposed the bail application by submitting that the applicant has assaulted the Police personnel while they were discharging their official duties and trying to maintain the law and order situation by calming down the applicant who was engaged in scuffle.

Having heard learned counsel for the parties and considering the nature of injuries inflicted upon the injured and looking to the age of the applicant and also considering that the prosecution's case is difficult to bring home the alleged charge under Section 307 of IPC and that co-accused Mahesh and Sanjay Kumar have been enlarged on bail by this Court vide order dated 21.03.2024 passed in S.B. Criminal Miscellaneous Bail Application No.3323/2024 and 3324/2024 respectively, this Court is inclined to accept the bail application of the applicant.

Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Praveen S/o Nanuram @ Nanalal arrested in connection with FIR No.359/2023 registered at Police Station Dovra, District Dungarpur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/-each 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.