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Judgment
7 paragraphs · 363 wordsRameshwar Vyas, J
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 49/2022 registered at Police Station Bagra, District Jalore for the offences under Sections 143, 341, 323, 325 & 307 of I.P.C.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
Learned counsel for the petitioner submits that co-accused Bheraram and Sonaram have been enlarged on bail vide Order dated 13.07.2022 passed by the Sessions Judge, Jalore in Criminal Misc. Bail Application No. 363/2022. As per injury report, injuries found on the left lower chest of the injured Sanwalaram were found grievous in nature. He further submits that investigation is already complete and charge-sheet has been filed. The petitioner is in custody since 30.03.2022. On the above grounds, he prays that the petitioner may be enlarged on bail.
On the other hand, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application. Learned counsel for the complainant submits that as per first information report, Lakha Ram caused injury on the back of the injured by stone.
Having regard to the submissions made by learned counsel for the parties as also looking to the facts and circumstances of the case more particularly the fact that no specific injury has been attributed to the injured in his statement recorded under Section 161 of Cr.P.C., without commenting on merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.
Consequently, present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner – Lakha Ram S/o Sawa Ram arrested in connection with F.I.R. No. 49/2022 registered at Police Station Bagra, District Jalore shall be released on bail 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.