Kalu Ram And Ors vs State Of Rajasthan

Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 150/2020, Police Station Shambhupura, District Chittorgarh, registered for the offences under Sections 143, 341, 323, 308, 379 and 506 of the Indian Penal Code.

Learned counsel for the petitioners appearing through video calling on 'Jitsi Meet Application' stated that no offence punishable under Section 308 IPC has been made out agianst the accused- petitioners; that there is no injury which is sufficient to constitute the offence punishable under Section 308 IPC; that common allegations have levelled against the accused-petitioners; that there is no allegation against the accused-petitioner Nagji Ram S/ o Meghraj Dangi and the grievous injuries have been attributed to the another co-accused; and that the trial will take time time, therefore, benefit of bail may be granted to the present accused- petitioners.

On the contrary, learned Public Prosecutor, present-in-person and the learned counsel for the complainant appearing through video calling on 'Jitsi Meet Applicaiton' have opposed the bail applications of the accused-petitioners and stated that previously one case, bearing registration number as 184/2015 was registered against the accused-petitioner Kalu Ram and one another FIR, bearing registration number as FIR No. 204/2020 has also been filed against the accused-petitioner Kalu Ram; that total seven injuries have been found on the body of the complainant; that the complainant is still admitted in the hospital, therefore, benefit of bail should not be granted to the accused-petitioners.

In reply, learned counsel for the petitioners stated that negative final report has been filed in regard to the Case No. 184/2015 and the statement that the complainant is still admitted in the hospital, is wrong, as he was admitted in the hospital on 29.08.2020 and discharged from the hospital on 02.09.2020.

After having a thoughtful consideration to the submissions advanced by the learned counsel for the parties and having scanned through the material available on record and looking to the statement of the injured Rameshwar Lal and having regard to the facts and circumstances of the case, particularly to the facts that no grievous injury has been caused on the vital part of the body of the complainant, which can be attributed to the accused- petitioners; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

Consequently, both the bail applications filed under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners, Kalu Ram S/o Mangilal Dangi (Bail Application No. 10468/2020) and (1) Nagji Ram S/o Meghraj Dangi and (2) Mohan Lal S/o Ghishu Lal Dangi (Bail Application No. 10079/2020), arrested in connection with F.I.R. No. 150/2020, Police Station Shambhupura, District Chittorgarh, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.