The High Court dismissed the second bail application of a petitioner accused of inflicting grievous injury with a sword. Citing prior criminal antecedents and the serious nature of the offence, the Court deemed it improper to enlarge him on bail without expressing merits.
Bail application dismissed; petitioner to remain in custody.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 3962/2022
Darbar Singh S/o Gordhan Singh, Aged About 40 Years, R/o Dokarkhedi, P.s. Gangdhar, Dist. Jhalawar (At Present Confined In Dist. Jail Jhalawar Dist Jhalawar)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
13/05/2022
This second bail application has been filed under Section 439 Cr.P.C in connection with FIR No.239/2021 registered at Police Station Gangdhar, District Jhalawar for the offences under Sections 308, 341 & 323 of IPC.
Learned counsel for the petitioner submits that there is no reasonable ground to believe that the petitioner has committed any offence and he is behind the bars since 28.12.2021. Chargesheet has already been filed. Counsel further submits that the petitioner has criminal antecedents of one case, in which, he has been acquitted. Hence, the petitioner may kindly be released on bail.
Learned Government Advocate-cum-Additional Advocate General has opposed the second bail application.
Heard. Perused the material available on the record.
(2 of 2)
[CRLMB-3962/2022]
First bail application of the petitioner was dismissed by this Court as withdrawn with liberty to file a fresh one after filing of the charge-sheet.
As per FIR, the petitioner inflicted injury to Bheru Singh with sword on his left-cheek and as per injury report of Bheru Singh, he received one injury on his left-side TMJ at cheek, which is grievous in nature, caused by sharp weapon and at the instance of the petitioner, one sword was recovered. As per rejection bail order, the petitioner has criminal antecedents of one case for the offences under Sections 302/34 of IPC, although as per learned counsel for the petitioner, he has been acquitted in that case but looking to the above facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.
Accordingly, the second bail application of the petitioner under Section 439 Cr.P.C. is dismissed.
(CHANDRA KUMAR SONGARA),J
Satyendra/14
2 issues framed by the court
Whether the petitioner should be released on bail in a second bail application inflicting grievous injury with a sword considering prior criminal antecedents.
Whether the petitioner's criminal antecedents and the grievous nature of the injury justify refusal of bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Darbar Singh
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
