Ashok Kumar vs State Of Rajasthan

Vijay Bishnoi, J

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.44/2019 of Police Station Raniwada, District Rajsamand for the offences punishable under Sections 447, 325, 326, 307, 393 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the complainant has filed the complaint regarding the alleged incident after around four months of the said incident. Learned counsel has further submitted that none of the witnesses has stated that the petitioner has inflicted injury on the head of the injured. Learned counsel has invited my attention towards the statement of the injured (PW-3) and has argued that she, in her court statement, has clearly stated that she did not see the person who attacked on her and which weapon in the attacker’s hand. Learned counsel has further submitted that the statement of the injured were recorded by the police after around four months of the incident, and at the time of recording of her statement by the police, she was not conscious. Learned counsel has further submitted that the petitioner is in jail since 11.03.2019 and till date only 7 prosecution witnesses out of 21 have been examined. Learned counsel has, therefore, prayed that he may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after taking into consideration the fact that FIR has been lodged after a delay of four months and after going through the statements of the injured (PW-3), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashok Kumar S/o Babu Ram shall be released on bail in connection with FIR No.44/2019 of Police Station Raniwada, District Rajsamand provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- 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.