Devendra vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.507/2019 registered

at Police Station Rudawal District Bharatpur for the offence(s) under Section(s) 143, 323, 341 & 379 of IPC and later on for the offences under

Sections 323, 341, 325, 308 & 34 of IPC and Section 3/25 of the Arms Act.

It is contended by learned counsel for the petitioner that in the FIR no specific overt act assigned to the present petitioner. He submitted that except

the fracture of metacarpal bone, injured Banwari has received no other grievous injury. He submitted that the matter has been compromised between

the parties, the petitioner is in custody since 24.10.2020, investigation as against him is complete and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application.

Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties submitted that he has no objection if the

petitioner is extended benefit of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioner, his

length of custody and the material available in the case diary; 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 bail application is allowed and it is directed that accused-petitioner Devendra S/o Shri Gopi 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.