Banwari And Ors vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.136/2020

registered at Police Station Nadbai, District Bharatpur for the offence(s) under Section(s) 143, 323, 341, 354, 379 & 504 IPC and later on for the

offence under Sections 323, 341, 324 & 326/34 of IPC.

It is contended by learned counsel for the petitioners that the petitioners have falsely been implicated in this case on account of FIR No.139/2020

lodged by the accused party against the complainant party. He submitted that from the nature of injuries suffered by the persons from the complainant

side, the offence against them does not travel beyond the scope of Section 324 IPC. He submitted that the petitioners are in custody since 19.10.2020,

investigation as against them is complete and prays for their release on bail.

Learned Public Prosecutor assisted by learned counsel for the complainant opposing the bail application submitted that the petitioners have inflicted

injuries on the persons from the complainant side with sharp edged weapons entering their house and hence, they do not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegations against the petitioners and

their length of custody; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on

bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioners (1) Banwari S/o Santoki, (2) Akash @ Munesh S/o Kedar @

Keshav & (3) Smt. Chhingo W/o Kedar @ Keshav shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR

registered at concerned Police Station, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together

with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall

comply with all the conditions laid down under Section 437(3) Cr.P.C.