Rajasthan High CourtAslam S/O Shri Rati Mohammed @ Kala vs State Of Rajasthan on 9 April, 2021Author:Mahendar Kumar GoyalBench:Mahendar Kumar GoyalHIGH COURT OF JUDICATURE FOR RAJASTHAN\n                    BENCH AT JAIPUR\n\n     S.B. Criminal Miscellaneous Bail Application No. 5565/2021\n\n1.      Aslam S/o Shri Rati Mohammed @ Kala, Aged About 28\n        Years,\n2.      Shahrukh S/o Shri Rati Mohammed @ Kala, Aged About\n        24 Years,\n        Both are R/o Chikani PS Sadar Distt. Alwar (Presently At\n        Sub Jail Kishangarhbas)\n                                                       ----Accused/Petitioners\n                                   Versus\nState Of Rajasthan, Through PP\n                                                                ----RespondentFor Petitioner(s)        :     Mr. Inder Raj Saini with\n                               Mr. Nikhil Saini\nFor Respondent(s)        :     Mr. Pankaj Agarwal, PP\n                               Mr. Aditya Karan Mathur\n\n\n\n      HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL\n\n                                    Order\n\n09/04/2021\n      The present bail application has been filed under Section 439\n\nCr.P.C. The petitioners have been arrested in connection with FIR\n\nNo.486/2020 registered at Police Station Khairthal (Police District\n\nBhiwadi), District Alwar for the offence(s) under Section(s) 498-A,\n\n406, 323 & 307 of IPC and later on for the offence under Sections\n\n498-A, 406 & 323 of I.P.C.Learned counsel for the petitioners submitted that they have\n\nfalsely been implicated in this case wherein the injured Smt.\n\nTasleema has jumped into a dry well on her own. He submitted\n\nthat even the Investigating Agency has, after investigation, did\n\nnot find the allegation of throwing Smt. Tasleema into the well to(Downloaded on 15/04/2021 at 08:44:19 PM)(2 of 3)                   [CRLMB-5565/2021]\n\n\nbe true. Learned counsel submitted that all the independent\n\nwitnesses including the witnesses who have taken her out of the\n\nwell, have stated in their statements recorded underSection 161CrPC that at the time of taking her out of the well, she was\n\nconscious and did not level any allegation against any person of\n\nthrowing her in the well. He submitted that the petitioners are in\n\ncustody since 23.02.2021, investigation as against them is\n\ncomplete, trial of the case will take time, they have no criminal\n\nantecedents and prayed for their release on bail.Learned Public Prosecutor assisted by learned counsel for the\n\ncomplainant opposing the prayer submitted that Smt. Tasleema\n\nwas thrown into the well by the petitioners after mercilessly\n\nbeating her when her family members failed to meet demand of\n\ndowry. They submitted that Smt. Tasleema has received injury in\n\nher backbone resulting into paralysis. They submitted that looking\n\nto the gravity of allegation against the petitioners, they do not\n\ndeserve indulgence of bail.Heard learned counsels for the parties and perused the\n\nrecord.All the independent witnesses such as Asid, Rajkumar and\n\nSuresh including the witnesses namely Israel and Shrichand who\n\nhave taken Smt. Tasleema out of the well, have categorically\n\nstated that at the time of taking her out, she was conscious and\n\ndid not level any allegation against any person including the\n\npetitioners of throwing her forcibly in the well. The record also\n\nreveals that the petitioners have taken the injured to the hospital\n\nimmediately thereafter and the present FIR has been lodged after\n\nsix days from the date of incident. As per the medical opinion(Downloaded on 15/04/2021 at 08:44:19 PM)(3 of 3)                   [CRLMB-5565/2021]\n\n\n                                   available on record, the injury could cause paralysis; but, there is\n\n                                   no evidence on record to suggest that Smt. Tasleema is suffering\n\n                                   from paralysis on account of injuries suffered by her. Rather, in her\n\n                                   statement recorded under Setion 161CrPCon 01.12.2020 and\n\n                                   supplementary statement dated 05.04.2021, Smt. Tasleema has\n\n                                   not stated that she is suffering from paralysis on account of\n\n                                   injuries.In view thereof and taking into consideration the submissions\n\n                                   advanced by learned counsel for the petitioners, their length of\n\n                                   custody and absence of criminal antecedents; but, without\n\n                                   expressing any opinion on the merits of the case, this Court\n\n                                   deems it just and proper to enlarge the petitioners on bail.Accordingly, the bail application is allowed and it is directed\n\n                                   that accused-petitioners 1. Aslam S/o Shri Rati Mohammed @\n\n                                   Kala & 2. Shahrukh S/o Shri Rati Mohammed @ Kala                            shall\n\n                                   be released on bail under Section 439 Cr.P.C. in connection with\n\n                                   afore-mentioned FIR registered at concerned Police Station,\n\n                                   provided each of them shall furnish a personal bond in the sum of\n\n                                   Rs.1,00,000/- (Rupees One Lac only) together with two sureties in\n\n                                   the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the\n\n                                   satisfaction of the trial Court with the stipulation that they shall\n\n                                   comply with all the conditions laid down under Section 437(3)\n\n                                   Cr.P.C.(MAHENDAR KUMAR GOYAL),J\n\n                                   PRAGATI/128(Downloaded on 15/04/2021 at 08:44:19 PM)Powered by TCPDF (www.tcpdf.org)