Bhanwar Lal And Others vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1.

FIR Number

763/2023

2.

Concerned Police Station

Anupgarh

3.

District

Anupgarh

4

Offences alleged in the FIR

Under Sections 323, 341, 342, 382, 427 and 307 of the IPC

5.

Offences added, if any

-

6.

Date of passing of impugned order

19.12.2023

It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against the petitioners and they have been made accused based on conjectures and surmises. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and their further incarceration is not warranted.

Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

I have considered the submissions made by both the parties and have perused the case diary, the statement of the witnesses Ved Prakash and others recorded by the police and the injury report of victim Krishna Lal, Manish and Revi and others. The statement of witness Ved Prakash is revealing that the place of incident was house of Bhanwar Lal belonging to the accused party. As per him, the injury from sword was inflicted upon Manish by accused Shyam Lal, who is not before this court. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matter.

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners as named in the cause title shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.