Rajasthan High Court: In an application seeking bail under Section 439 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench of Rajendra Prakash Soni, J., dismissed the bail application due to the serious nature of the allegations and the significance of the injuries inflicted upon the complainant, i.e., disfigurement caused by cutting off the complainant’s nose.
The instant matter arose from a violent incident involving two families with longstanding marital disputes. The complainant whose sister is married to one of the accused, was attacked on 27-05-2024. The complainant was assaulted by the petitioners (the accused and his associates), allegedly in revenge due to tensions regarding the marriages of their respective sisters. The complainant was physically restrained, and the accused disfigured his nose with a sharp knife.
The petitioners argued that no substantial recovery is pending, and the injury sustained by the victim was not life-threatening. It was contended that the petitioners were falsely implicated, and given these facts, bail should be granted. However, the State opposed the bail application, asserting that the attack was severe and intentional, aimed at disfiguring the victim’s face. There is significant evidence indicating the petitioners’ involvement in the crime.
The Court emphasised on the severity of the crime, particularly focusing on the cultural and symbolic significance of disfigurement in Indian society. The Court stated that “Historically, in Indian culture, cutting off a person’s nose is a form of punishment or revenge intended to humiliate and socially stigmatize the victim. This cultural and symbolic significance of disfigurement makes the crime even more severe.”
The Court considered the cutting off of the victim’s nose as an act of extreme cruelty with permanent emotional and social consequences. The Court found the petitioners’ argument, that the injury was not life-threatening, to be inadequate given the nature of the crime.
“Cutting of nose would have permanent consequences such as disfigurement. The disfigurement caused by removing someone’s nose can lead to significant emotional distress and social stigma.”
Based on the gravity of the allegations and the evidence presented, the Court denied the petitioners’ application for bail and held that they are not entitled to bail before the statements of the injured are recorded.
[Hafeez v. State of Rajasthan, 2024 SCC OnLine Raj 2874, Decided on 18-09-2024]
Advocates who appeared in this case :
Mr. Naman Mohnot, Counsel for the Petitioners
Mr. Ramesh Dewasi, PP with Om Prakash Choudhary, Counsel for the Respondent
Mr. Dinesh Kumar Godar, Counsel for the Complainant
Buy Code of Criminal Procedure, 1973 HERE
