Chena Ram vs State Of Rajasthan

Kuldeep Mathur, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.57/2022, Police Station Sojat Road, District Pali for the offence punishable under Section 302/34 IPC.

Learned counsel for the petitioner submits that the Parasmal and accused are uterine brothers and owing to some property dispute, one Ramesh entered into the house and attacked his brother Parasmal, due to which the petitioner, Chena Ram and his mother in order to save Parasmal from the attack and in self defence used deadly weapon against Ramesh. The petitioner is an innocent person and has falsely been implicated in this case. The petitioner is in judicial custody since long and trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Chena Ram S/o Narayan Lal shall be enlarged on bail in F.I.R. No.57/2022, Police Station Sojat Road, District Pali provided he 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.