Dismissed

Shehjad @ Aasish S/O Nawab Khan v. State of Rajasthan

Rajasthan HC7 Mar 2024CRLMB/705/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a bail application filed by a petitioner charged with an acid attack under Section 326A IPC. The court rejected the prayer due to the gravity of the matter and injuries sustained, directing the trial court to record the injured's statement on priority.

What did the court decide?

Bail application rejected; trial court directed to record statement of injured and medical officer on priority basis.

Shehjad @ Aasish S/O Nawab Khan Vs State of Rajasthan — Domestic Violence | Rajasthan HC (2024)

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[2024:RJ-JP:11846]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 705/2024

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Shehjad @ Aasish S/o Nawab Khan, Aged About 28 Years, R/o Ward No. 1, Hamid Colony, P.s. City Nuh, Distt. Nuh (Haryana). (At Present Confined At Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Pp

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----Respondent

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For Petitioner(s) : Mr. S S Hassan (Senior Adv.) with Mr. Fahad Khan For Respondent(s) : Mr. Atul Sharma-PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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07/03/2024

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This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.459/2023 registered at Police Station Bagru, District Jaipur (West) wherein he is charged for offences punishable under Sections 326A of Indian Penal Code.

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Learned counsel for the petitioner submits that the petitioner has been falsely booked in this case and he has no concerned whatsoever with the alleged incident. Counsel submits that in fact, the petitioner submitted a report against the complainant with the concerned Police Station, but no action was taken by the police. Counsel submits that the petitioner has sustained injuries by an acid burn and he has brought this fact into the notice of the Magistrate, when he was produced after his arrest. Counsel submits that as per the injury report of the injured, she has no sustained any permanent disfiguration, deformity or grievous hurt sustained because of an acid, hence, under these circumstances, the offence

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[2024:RJ-JP:11846]

[CRLMB-705/2024]

under Section 326A IPC is not made out. Cousel submits that the injured sustained some skin disease for which the petitioner cannot be liable and responsible. Counsel submits that after investigation, charge-sheet has been filed and the trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application and submitted that the petitioner forced the complainant/injured to marry with him. When the injured denied, then the petitioner threw acid on her person due to which she has sustained an acid injuries. Counsel submits that the allegations levelled against the petitioner are corroborated by the medical evidence of the injured, hence, under the circumstances, offence under Section 326A IPC is made out and looking to the gravity of the matter, the petitioner is not inclined to get indulgence of bail.

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Heard and considered the submissions made at Bar and perused the material available on the record.

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Looking to the gravity of the matter and looking to the injuries sustained by the injured, this Court is not inclined to accept the bail application filed by the petitioner.

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Accordingly, the same is hereby rejected, however, the petitioner would be at liberty to renew his prayer for bail, after recording of statement of the injured as well as the Medical Officer, who examined the injured and prepared her medical report.

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Hence, the present bail application stands dismissed.

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However, the trial Court is directed to record the statement on

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priority basis.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma/77

Shehjad @ Aasish S/O Nawab Khan v. State of Rajasthan

Case brief

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What did the court decide?

Shehjad @ Aasish S/O Nawab Khan v. State of Rajasthan

Case brief

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