Sandeep Son of Shri Indraj vs The State of Rajasthan

Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.339/2016, registered at Police Station Lalgarh Jatan, District Sri Ganganagar for the offences under Sections 307, 341, 323 and 325 / 34 IPC.

The petitioner is alleged to have inflicted a grievous injury on the head of the injured Brijlal. Co-accused Indraj has been enlarged on bail upon making payment of compensation to the injured.

Learned counsel for the petitioner submits that without prejudice to his defences, the petitioner, by way of humanitarian approach, is ready to offer compensation to the tune of Rs.80,000/- to the injured Brijlal for the pain and suffering caused by the injuries caused to him. He thus urges that the petitioner deserve to be enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the complainant oppose the submissions advanced by the petitioner's counsel and urges that if at all this Court is inclined to enlarge the petitioner's bail, the amount of compensation being offered may be enhanced.

Having regard to the entirety of facts and circumstances as available on record and considering the fact that the petitioner is ready to offer compensation to the tune of Rs.80,000/- to the injured Brijlal, the prayer for bail made on his behalf deserves to be accepted.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Sandeep arrested in connection with the F.I.R. No.339/2016, registered at Police Station Lalgarh Jatan, District Sri Ganganagar shall be released on bail upon the petitioner depositing a sum of Rs.80,000/- in all in the trial Court by way of a demand draft prepared in the name of injured Brijlal and provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. The demand draft upon being submitted shall be disbursed to the injured Brijlal.

It is clarified that the offer of compensation made by the accused petitioner shall not be treated to be prejudicial to his defences at the trial.