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Judgment
7 paragraphs · 288 wordsManoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.448/2022, Police Station Sri Dungargarh, Distt. Bikaner for the offence under Sections 302, 201 & 120-B of IPC.
Learned counsel for the petitioner submits that the complainant-Kana Rama is brother of the deceased and he has been examined before the trial court as PW-1. He has been declared hostile. It is further contended that similarly situated co-accused Hajari Ram and Smt. Kamla Devi have already been granted bail by coordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. The petitioner is inside the jail since 25.11.2022 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the criminal misc. bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kaluram S/o Sh. Suganaram shall be enlarged on bail in FIR No. No.448/2022, Police Station Sri Dungargarh, Distt. Bikaner provided he furnishes a personal bond in the sum of Rs.1,00,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.