Hurmal vs State Of Rajasthan

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.191/2022, registered at Police Station Ambapura, District Banswara, for offences under Sections 302 & 201 IPC.

Learned counsel for the petitioner submitted that in the present case, the petitioner has not been named in the F.I.R., however, he has been falsely implicated in the case only on the basis of circumstantial evidence. Learned counsel submitted that from the perusal of the post-mortem report of the deceased, it is evident that the cause of death was coma due to ante-mortem head injuries sufficient in the ordinary course of nature to cause death. Learned counsel submitted that from the information provided by the co-accused Rajesh @ Raju under Section 27 of the Indian Evidence Act, it would reveal that the head injury upon the deceased was inflicted by him by giving lathi blows. Learned counsel submitted that since head injury had not been attributed to the present petitioner, therefore, the benefit of bail may be granted to him. The petitioner is in judicial custody; challan has already been filed and the trial of the case will take sufficiently long time, therefore, the petitioner deserves to be enlarged on regular bail.

Learned Public Prosecutor has opposed the bail application of accused-petitioner and stated that lathi used for committing the assault has been recovered from the accused-petitioner.

Having considered the rival submissions, facts and circumstances of the case, particularly looking to the fact that the head injury caused to the deceased has been attributed to the co-accused Rajesh @ Raju, without expressing any opinion on merits/ demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Hurmal S/o Bahadur, arrested in connection with F.I.R. No.191/2022, registered at Police Station Ambapura, District Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) 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.