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Judgment
7 paragraphs · 375 wordsDevendra Kachhawaha, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.158/2021, Police Station Baap, District Jodhpur, registered for the offences punishable under Sections 143, 341, 323, 307 and 394 of the Indian Penal Code.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.
Learned counsel for the petitioner stated that none of the injuries has been caused by the petitioner which has been found grievous in nature on any vital part of the body and dangerous to life; petitioner is behind the bars since 14.08.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have opposed the bail application and stated that injury No.1 of Bhanwar Ram has been declared as grievous and dangerous to life which is sharp in nature. He further stated that lathi and axe have been recovered from the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the facts that none of the injuries has been caused by the petitioner which has been found grievous in nature on any vital part of the body and dangerous to life; petitioner is behind the bars since 14.08.2021; and trial of the case 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 application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the petitioner - Kumbha Ram S/o Mangi Lal, arrested in connection with F.I.R. No.158/2021, Police Station Baap,
District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/-with 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.