Govind Ram and others vs State of Rajasthan

Harbans Lal, J.—Heard learned counsel for petitioners Govinda Ram, Jodha Ram @ Birdhi Chand, Sheopal and Om Prakash, learned PP for the State as well as learned counsel for the complainant and perused the relevant documents produced before me.

It is inter-alia contended that similarly situated co-accused persons Balvir s/o Govind Ram, Jagan s/o Govind Ram and Ram Niwas s/o Govind Ram have already been enlarged on bail by this Court vide order dated 2.9.2005 and the case of the present petitioner is not in any way graver or distinguishable from their case. Learned PP has opposed the bail application.

Having considering the submissions made at the bar, the nature of accusation, the materials on record, the fact that similarly situated co-accused persons have already been enlarged on bail and all other facts and circumstances of the case, I find it a case fit for grant of pre-arrest bail to the petitioner.

In the result, this bail application u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Govinda Ram s/o Uda Ram, Jodha Ram @ Birdi Chand s/o Mohan Lal, Sheopal s/o Bega Ram and Om Prakash s/o Bega Ram in FIR No. 119/2005 P.S.Sadac Sikar, they shall be released on bail by the concerned SHO/Investigating Officer provided each of them-furnishes a personal bond in the sum of Rs.20,000/- together with one surety in the like amount to his satisfaction on the following conditions.

(1) That the petitions shall make themselves available for interrogation by a police officer as and when required.

(2) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer; and

(3) that the petitioners shall not leave India without previous permission of the Court.