Dayaram vs State Of Rajasthan

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 236/2020

registered at Police Station Paniyala, District Jaipur for the offence under Section(s) 148, 149, 353, 307 of IPC and Section(s) 3/25, 9/25 of Arms Act.

Learned counsel for the petitioner submitted that after rejection of the first bail application, charge sheet has been filed; hence, the second bail

application. He contended that it is a case of no injury and there are omnibus allegations against as many as five persons as to commission of offence.

He submitted that except the petitioner, rest other four co-accused persons have been extended benefit of bail by this Court. Learned counsel

submitted that the petitioner is in custody since 18.10.2020, charge sheet has been filed, trial of the case will take time and prays for his release on

bail.

Opposing the second bail application, learned Public Prosecutor submitted that there is one more criminal case pending against the petitioner and

hence, the petitioner does not deserve indulgence of bail.

Taking into consideration the contentions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody,

filing of charge sheet and release of co- accused persons on bail by this Court; but, without expressing any opinion on the merits of the case, this Court

deems it just and proper to enlarge the petitioner on bail.

Accordingly, the second bail application is allowed and it is directed that accused-petitioner Dayaram S/o Shri Roshanlal shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

However, looking to the nature of offence and his criminal antecedents, it is made clear that in case the petitioner is found indulged in offence(s) of

similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.