Ameda Ram S/o Kana Ram vs State of Rajasthan Through Public Prosecutor

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the case diary.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioners who are in custody in

connection with F.I.R. No.35/2017, registered at Police Station

Sarwana, District Jalore for the offences under Sections 147, 148,

307, 395, 323, 342, 333, 353, 224, 225 and 149 IPC and Section

3 / 25, 28 of the Arms Act.

The petitioners no.2 Derama Ram and no.3 Babu Lal @

Dhola Ram are not named in the FIR or the first statement of the

injured witnesses. In this background and having regard to the

facts and circumstances available on record but without

expressing any opinion on the merits of the case, this Court is of

the opinion that the petitioners no.2 Derama Ram and no.3 Babu

Lal @ Dhola Ram deserve to be released on bail.

However, considering the nature of allegations attributed to

the petitioners no.1 Ameda Ram and no.4 Kishana Ram, they are

not entitled to be released on bail.

Accordingly, the instant bail application qua the petitioners

no.1 Ameda Ram and no.4 Kishana Ram is dismissed as being

devoid of any merit at this stage. However, they are given liberty

to file fresh bail application in changed circumstances.

However, the bail application qua the petitioners no.2

Derama Ram and no.3 Babu Lal @ Dhola Ram is allowed and it is

directed that the petitioners no.2 Derama Ram and no.3 Babu Lal

@ Dhola Ram arrested in connection with the F.I.R. No.35/2017,

registered at Police Station Sarwana, District Jalore shall be

released on bail provided they furnish a personal bond of

Rs.50,000/- each and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.