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Judgment
7 paragraphs · 434 words@JUDGEMENT- JUDGEMENT
Manoj Kumar Garg, J
The petitioners have been arrested in connection with FIR No.177/2023 of Police Station Barmder Sadar, District Barmer, for the offence punishable under Sections 147, 148, 450/149, 323/149, 325/149, 307/149, 302/149 and 120-B of IPC. They have preferred this second bail application under Section 439 Cr.P.C. Earlier bail application was dismissed as not pressed by this Court vide order dated 05.09.2023 with liberty to file afresh after recording the statement of Pataram and Smt. Anita.
Learned counsel for the petitioners submits that now Smt. Anita has been examined before the trial Court as PW/1 and she had turned hostile and Pataram has also been examined before the trial Court as PW/5 and he named the present petitioners but earlier in his statement recorded under Section 161 Cr.PC. he did not take the name of the present petitioners, which shows that there are improvements in the version of Pataram. Counsel further submits that only the vehicle was recovered from the possession of Bhera Ram and no weapon was recovered from the possession of the present petitioners. The accused-petitioners are in judicial custody since 25.05.2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application and submits that injured Pataram specifically mentioned in his Court statement that the petitioners were also caused injuries to the deceased. Therefore, the present bail application may kindly be dismissed.
Having regard to the totality of the facts and circumstances of the case, since Smt. Anita (PW/1) turned hostile and Pataram (PW/5) has been examined and he took the name of the petitioners in Court statement but according to the FIR, which was lodged by Pataram, in which he did not take the name of present petitioners, therefore, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Bhera Ram S/o Dhamma Ram & (2) Banshi Ram S/o Shri Durga Ram, shall be released on bail in connection with FIR No.177/2023 of Police Station Barmer Sadar, District Barmer, provided they execute personal bonds in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.