Jora Ram vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.21/2018 of Police Station Khuhadi, District Jaisalmer for the offences punishable under Sections 302, 459 and 201/34 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner of hatching a conspiracy with the co-accused Guddi to kill the deceased is absolutely false. It is argued that the deceased got married with co-accused Guddi in May, 2018. It is further submitted that on the day of the incident i.e. 20.08.2018, co-accused Guddi was at her parental house and the deceased was going there on a motorcycle, however, on account of an accident, he fell down on the road and received injuries on his head, which resulted into his death. It is submitted that initially none had raised any doubt about the death of the deceased, however, after eleven days of the incident, the brother of the deceased filed complaint levelling allegation that wife of the deceased and her relatives murdered the deceased. Learned counsel for the petitioner has submitted that now the police have falsely implicated the petitioner while alleging that as the petitioner was in illicit relationship with the wife of the deceased, he after hatching conspiracy with the wife of the deceased, committed murder of the deceased. It is submitted that no concrete evidence is collected by the police to connect the petitioner with commission of crime. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

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 - Jora Ram S/o Harji Ram shall be released on bail in connection with FIR No.21/2018 of Police Station Khuhadi, District Jaisalmer 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.