Joita Ram vs State

Heard learned counsel for the petitioner Mr. Pradeep Shah through Jitsi Meet App., learned Public Prosecutor, perused the bail application as well as the material available on record.

The petitioner has been arrested in FIR No.167/2019 Police Station Sanchore District Jalore for the offences punishable under Sections 147, 148, 327, 325, 341, 307 read with 149 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the statements of injured Bhoma Ram have been recorded before the trial court as PW-1. It is further submitted that in the said statements, the injured has alleged that the petitioner has inflicted injury on his head, however, as per the Medico Legal X- ray report, there is no evidence of fracture and boney injury on the skull of the injured Bhoma Ram. It is, therefore, submitted that in view of the above piece of evidence, the offence punishable under Section 307 IPC cannot be said to be made out against the petitioner.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Joita Ram S/o Sh. Gamna Ram shall be released on bail in connection with FIR No.167/2019 of Police Station Sanchore District Jalore provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.