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Judgment
8 paragraphs · 357 wordsVinit Kumar Mathur, J
The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.244/2021, Police Station Pipar City, District Jodhpur for the offence punishable under Sections 147, 148, 149, 323, 325, 341, 447, 427 and 307 of IPC.
The second bail application of the petitioner was dismissed on 25/01/2022 by this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, the statements of four prosecution witnesses have been recorded before learned trial Court including the statement of Mahendra – complainant as well as other two eye witnesses, namely, Jagdish and Dharmendra.
Learned counsel for the petitioner submits that the incident occurred in a heat of passion and was on account of some land dispute between the parties. The injured has sustained injuries by blunt weapon and has already been discharged from the hospital. Learned counsel for the petitioner further submits that the petitioner has suffered incarceration for more than one year and three months. Therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the 3rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gajendra S/o Kaluram Mali, shall be released on bail in connection with FIR No. 244/2021, Police Station Pipar City, District Jodhpur provided he furnishes 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 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.