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Hari Ram And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 20 April 2023 · Citation: (2023) 04 RAJ CK 0080

HON’BLE JUDGES
Praveer Bhatnagar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 143, 242, 302, 307, 323, 325, 341, 343
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1186, 4284 Of 2023
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Judgment

7 paragraphs · 383 words

Praveer Bhatnagar, J

1.

The instant bail applications have been filed on behalf of accused-petitioners Hari Ram S/o Pura Ram and Chainaram S/o Mallaram under Section 439 Cr.P.C. against the order impugned passed by learned Court below in connection with FIR No.314/2022, dated 26.11.2022, registered at Police Station Padukalla, District Nagaur for the offence(s) punishable under Sections 143, 323, 242, 307, 302 I.P.C.

2.

Learned counsel for the accused-petitioners submits that charges under Sections 323, 325, 341, 307/34 IPC against the accused-petitioner has been submitted and the injury caused to the injured Nauratram is found to be simple in nature. The present petitioners are no concerned with the injuries caused to the deceased Banshi Lal and for that specific charge sheet has been submitted against the accused Raju Ram and Anita. The petitioners are in custody since the date of their arrest. Other co-accused Smt. Santosh @ Santudi and Sukha Ram have already been granted benefit of bail by this Court vide order dated 13.04.2023. Trial of the case will take much time, therefore, no useful purpose would be served by keeping the petitioner behind the bars. Therefore, the benefit of bail should be granted to the accused-petitioners.

3.

Learned Public Prosecutor has vehemently opposes the bail applications.

4.

Heard. Considering the arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

5.

Having regard to the totality of the facts and circumstances of the case and also taking into consideration that the other similarly situated co-accused Smt. Santosh @ Santudi and Sukha Ram and Ravi Prakash have already been enlarged on bail by the coordinate Bench I deem it just and proper to grant bail to the accused-petitioners.

6.

Accordingly, this bail applications filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners Hari Ram S/o Pura Ram and Chainaram S/o Mallaram arrested in connection with FIR No.314/2022, dated 26.11.2022, registered at Police Station Padukalla, District Nagaur shall be released on bail provided they furnishes personal bond in the sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.