Janak And Ors vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.181/2020

registered at Police Station Sadar Karauli District Karauli for the offence(s) under Section(s) 143, 323, 341, 307 & 336 of IPC and later on for the

offences under Sections 147, 148, 149, 323, 341, 336 & 307 of IPC.

It is contended by learned counsel for the petitioners that it is a case of free fight in which both the sides have received injuries. He submitted that

neither in the FIR nor in the statement of the injured witness, any overt act is assigned to the present petitioners. With regard to the criminal

antecedents, learned counsel for the petitioners submitted that they are of remote past.

He submitted that the petitioners are in custody for more than a month, investigation as against them is complete, trial of the case will take time and

prays for their release on bail.

Learned Public Prosecutor assisted by learned counsel for the complainant opposing the bail application submitted that there are grave allegations

against the petitioners and they were member of unlawful assembly which inflicted injury on the person of Rajeev which has been opined to be

dangerous to life and hence, they do not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegations against them, their

length of custody and the material available in the case diary; but, without expressing any opinion on the merits of the case, this court deems it just and

proper to enlarge the petitioners on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Janak S/o Chothi & 2. Shriniwas S/o Halkey shall be

released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section

437(3) Cr.P.C.