High CourtsSingle Bench

Harsan Ram vs State Of Rajasthan

Rajasthan High Court · Decided on 16 May 2024 · Citation: (2024) 05 RAJ CK 0091

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 323, 341, 365, 511 · Arms Act, 1959 — Section 3, 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 5773 Of 2024
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Judgment

7 paragraphs · 354 words

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.134/2024 registered at Police Station Bhinmal, District Jalore, for offences under Sections 341, 323, 307, 365, 511 and 34 of the IPC and Section 3/25 of the Arms Act.

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

Learned counsel for the petitioner submitted that co-accused Jomta Ram, Versi Ram and Rahul @ Rudraj have already been enlarged on bail by the court of Additional Sessions Judge, Bhinmal, District Jalore vide order dated 08.04.2024. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of the co-accused persons who have already been enlarged on bail. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, he is not in a position to refute the fact that above named co-accused persons have already been enlarged on bail by the court of Additional Sessions Judge, Bhinmal, District Jalore.

Having considered the rival submissions, facts and circumstances of the case so also the fact that the case of the present petitioner is not distinguishable from that of the co-accused persons who have already been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Harsan Ram S/o Sujanaram arrested in connection with F.I.R. No.134/2024 registered at Police Station Bhinmal, District Jalore, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.