Kalu Ram vs State Of Rajasthan And Others

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.12/2024 registered at Police Station Bhojasar, District Phalodi, for the offences under Sections 452, 323, 506, 354, 326, 307/143 of IPC.

Learned counsel for the petitioners does not want to press the instant bail application filed on behalf of the petitioner no.1 Kalu Ram S/o Khema Ram and he seeks liberty to file a fresh bail application on his behalf after filing of the challan.

Accordingly, the instant bail application is dismissed as not pressed qua the petitioner no.1 with the liberty as prayed for.

Heard learned counsel for the petitioner and learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

While arguing the matter on behalf of the petitioner no. 2, learned counsel submitted that the co-accused persons namely Mohanram, Purkharam and Bhuraram have already been enlarged on bail by the competent criminal court vide order dated 13.02.2024. Learned counsel submitted that the case of the petitioner no.2 Hukama Ram is not distinguishable from that of the above mentioned co-accused persons who have already been enlarged on bail.

Learned counsel further submitted that the petitioner no.2 Hukama Ram is in judicial custody; no recovery is due to be made from him and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application. However, they were not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by the competent criminal court.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner- Hukama Ram on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed to the extent of the petitioner no.2 Hukama Ram S/ Bhaira Ram. It is ordered that the accused-petitioner no. 2 Hukama Ram S/o Bhaira Ram arrested in connection with F.I.R. No.12/2024 registered at Police Station Bhojasar, District Phalodi, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.