Bharma And Others vs State Of Rajasthan

Kuldeep Mathur, J

These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.17/2024 registered at Police Station Aburoad RIICO, Dist. Sirohi, for the offences under Sections 143, 341, 323, 326, 307, 365 and 427 of IPC.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Drawing attention of the Court towards the FIR and the statements of the injured- Nirvan Singh @ Nirvaan Singh recorded under Section 161 Cr.P.C., learned counsel submitted that the specific allegation of inflicting injuries on the back of the injured with a sharp weapon (knife) has been levelled only against the co-accused Dharma Ram. Learned counsel submitted that as per the injury report dated 29.02.2024, the injury No.1 inflicted upon the injured with a sharp weapon is grievous in nature and dangerous to life.

Learned counsel further submitted that no sharp weapon has been recovered at the instance of the present petitioners and there is nothing on record to show that the petitioners had any motive to commit the alleged crime.

Lastly, learned counsel submitted that the petitioners are in judicial custody since 22.01.2024; challan has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

Per Contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case and after perusing the FIR and the statements of the injured- Nirvan Singh @ Nirvaan Singh, this Court prima facie finds that the specific allegation of inflicting injuries upon the injured with a sharp weapon (knife) has been levelled only against co-accused Dharma Ram and no recovery is due to be made from the present petitioners. This Court also prima facie finds that the challan has already been filed before the competent criminal court and the prosecution has not shown any apprehension of the petitioners influencing the material prosecution witnesses or tampering with the evidence or fleeing away from justice, in case they are enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserves to be accepted.

Consequently, these bail applications under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Bharma S/o Sh Dheeraji, (2) Gopal Ram @ Gopi S/o Shri Goga Ram, (3) Raja Ram @ Raju S/o Shri Babu Ram and (4) Sanjay Kumar Alias Sanju S/o Shri Khuma Ram @ Khema Ram, arrested in connection with F.I.R. No.17/2024 registered at Police Station Aburoad RIICO, Dist. Sirohi, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.