Gopal vs State

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with FIR No.56/2019, P.S. Nawa, District Nagaur for the offences punishable under Sections 460, 302/34 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per post mortem report, there is only one injury on the head of deceased. It is submitted that from the statements of witnesses, it is clear that the said injury is assigned to co-accused Babulal and the allegation against the petitioner is to the effect that he accompanied Babulal at the time of incident. Learned counsel for the petitioner has submitted that as a matter of fact, the deceased misbehaved with the wife of the co-accused Babu Lal and at that time, scuffle took place between them and the deceased in which Babulal inflicted lathi blow on the head of the deceased which resulted into his death. Learned counsel for the petitioner has also submitted that the incident took place at the spur of moment and the accused persons did not prepare for commission of crime. Learned counsel for the petitioner has submitted that the petitioner and deceased are real brothers and some dispute between them was going on as the deceased used to consume liquor and thereafter usually quarrel with his brothers and their families. Learned counsel for the petitioner has submitted that charge-sheet has already been filed and trial of the case will take time.

Learned Public Prosecutor has opposed 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, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Gopal S/o Shri Ghisaram shall be released on bail in connection with FIR No.56/2019, P.S. Nawa, District Nagaur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.