Ganpat Singh And Ors vs State, Through P.p.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.239/2019, Police Station- Rajeev Gandhi Nagar, Jodhpur for the offences under Sections 147, 148, 149, 323, 427, 307 of IPC and sections 3/25 and 5/27 of the Arms Act.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioners that there are cross FIRs of the incident. The allegation of firing from the pistol is on Ganpat Sai. The petitioners have also sustained injuries and a person namely Mahendra Singh of the petitioners side succumbed to the injuries. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioners Ganpat Singh S/o Shri Bhanwar Lal and Roop Singh S/o Shri Shyam Singh arrested in connection with F.I.R. No.239/2019, Police Station- Rajeev Gandhi Nagar, Jodhpur shall be released on bail; provided they furnish a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) each with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.