Bhoj Raj vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

The notices have been served upon the respondent No.2-complainant. However, despite service, nobody has appeared on behalf of respondent No.2. The report filed by learned Public Prosecutor with respect to the service of notice upon respondent No.2 is taken on record.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.545/2018, Police Station Pilibanga, District Hanumangarh, for the offence under Sections 148, 302 in alternate 302/149, 447, 323 in alternate 323/149, 307 in alternate 307/149 of IPC.

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

Learned Senior counsel for the petitioner submits that the allegations against the present petitioner is inflicting firearm injury to Khiraj, however, the injury report of Khiraj does not reflect any firearm injury. He further submits that the allegations against the present petitioner are false in view of the injury report of PW-5. He further submits that the similarly situated co-accused Mukesh has been enlarged on bail by a Coordinate Bench of this Court vide order dated 19.10.2023 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been enlarged on bail. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may also be enlarged on bail.

Learned Public Prosecutor has opposed the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused aforesaid who has been enlarged on bail by a Coordinate Bench of this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner- Bhoj Raj S/o Ram Karan @ Poma Ram shall be released on bail in connection with F.I.R. No.545/2018, Police Station Pilibanga, District Hanumangarh provided he executes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the 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.