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Judgment
7 paragraphs · 363 wordsRameshwar Vyas, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.198/2020 of Police Station Chitalwana, District Jalore for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 365, 367, 307 & 427 IPC.
Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.
Learned counsel for the applicant submits that as per injury report of Khangaramam-three grievous injuries were found, however, they were not opined as dangerous to life and were not on vital part of the body; allegation for the offence under Section 307 IPC is not made out against the applicant; the applicant is under custody since 30.05.2022; no sharp edged weapon has been recovered from possession of the applicant; there is personal rivalry between the parties. In view of the above circumstances, learned counsel for the applicant prays to allow the bail application.
On the contrary, learned Public Prosecutor as well as counsel for the complainant oppose the grant of bail application. As per contention of learned counsel for the complainant, total fourteen injures were caused by sharp object.
Having regard to the rival contentions of learned counsel for the parties and the material available on record, in the facts and circumstances of the case, particularly looking to the fact that injuries sustained by injured have not being opined as dangerous to life, without commenting on the merits, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.
Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Amra Ram S/o Bhagirathram shall be released on bail in connection with FIR No.198/2020 of Police Station Chitalwana, District Jalore provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/-(Rupees Fifty Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.