1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 2158/2009 (Jeetmal & Ors. Vs. State of Rajasthan) DATE OF ORDER : 15/04/2009 HON'BLE MR.H.R.PANWAR, J. Mr. Shambhoo Singh for the petitioners. Mr. Mahipal Bishnoi, Public Prosecutor for State. Heard learned counsel for the petitioners and Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that biting of nose by teeth is not an offence punishable under Section 326 IPC. The teeth cannot be said to be sharp edged weapon. This controversy came to be considered and decided by Hon'ble Supreme Court in Shakeel Ahmed Vs. State, Delhi (2004) 10 SCC 103 wherein in a case of teeth bite grievous injury, the Hon'ble Supreme Court held that injuries, no doubt are grievous as the phalanx of the index finger has been snipped off. But the allegation is that the assailant had bitten the index finger and caused the said injury. Teeth of a human being cannot be considered as deadly weapon as per the description of deadly weapon enumerated under Section 326 IPC. Hence the offence cannot escalate to Section 326. It can best remain only at Section 325 IPC. Having regard to the facts and circumstances of the case, I consider it just and proper to allow the bail application filed by the petitioners under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioners u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Jeetmal S/o Shri Samasu, Valu S/o Shri Samasu, Rajiya S/o Shri Kamji, Sukhalal S/o Shri Teeta and Shankar S/o Kadawa in FIR No. 71/2009 P.S. Kusalgharh, 2 district Banswara, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:- (i)That they shall make themselves available for interrogation by a police officer as and when required; (ii)That they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and; (iii)That they shall not leave India without the previous permission of the Court. The petitioners shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp