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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor as well as learned counsel for the complainant. Perused
the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.247/2016, registered at Police Station
Chouhtan, District Barmer for the offences under Sections 147,
148, 447, 323, 325, 302 and 307 / 149 IPC.
The petitioner no.1 Chima Ram is a 70 years old man. On a
perusal of statement of Raju Ram, husband of deceased Smt.Rupo
Devi, it is apparent that the allegation of causing the fatal head
injury to the deceased is specifically attributed to the petitioner
no.2 Dhapu Devi. No specific injury caused either to the deceased
or the injured is attributed to the petitioner no.1 Chima Ram by
any eye witness. In this background and having regard to the
facts and circumstances available on record but without
expressing any opinion on the merits of the case, this Court is of
the opinion that the petitioner no.1 Chima Ram deserves to be
released on bail. However, considering the fact that there is a
specific allegation of causing the fatal injury against the petitioner
no.2 Dhapu Devi, this Court is not inclined to enlarge her on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
partly allowed. While dismissing the bail application preferred on
behalf of the petitioner no.2 Dhapu Devi, the application for bail
moved on behalf of the petitioner no.1 Chima Ram is allowed and
it is directed that the petitioner no.1 Chima Ram arrested in
connection with F.I.R. No.247/2016, registered at Police Station
Chouhtan, District Barmer shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.