Laxmanram @ Laxmi Narayan vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.153/2021 registered at Police Station Kotwali Nagaur, for offences under Sections 365, 302 and 120B IPC.

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

Learned counsel for the petitioner submitted that co-accused Hari Ram, Dinesh S/o Lunaram, Dinesh Arjunram and Suresh have already been enlarged on bail by coordinate Bench of this Court vide orders dated 20.12.2022, 08.12.2022 and 24.11.2022. The order dated 24.11.2022 passed in the case of Suresh is reproduced herein below for ready reference:

“The petitioner has been arrested in connection with FIR No.153/2021 of Police Station Kotwali, Nagaur for the offence punishable under Sections 365, 302, 120B IPC. He has preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed as not pressed on 23.10.2021 with liberty to file afresh after recording the statements of Jyoti, Ram Singh and Maniram. Counsel for the petitioner submits that Jyoti and Ram Singh have been examined in Court as PW-1 and PW-2 respectively and they have been declared hostile. Witness Maniram has also been examined in Court as PW-5 and he did not say anything about the oral dying declaration given before him by the deceased. Counsel further submits that the deceased received injuries on the non-vital parts of his body and only omnibus allegations have been levelled against the present petitioner. No specific averment has been made against the present petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the second bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Suresh S/o Hariram shall be released on bail in connection with FIR No.153/2021 of Police Station Kotwali, Nagaur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.”

Learned counsel submitted that the case of the present petitioner is not distinguishable from that of co-accused persons who have already been enlarged on bail. Learned counsel submitted that no specific averment has been made against the present petitioner and therefore, he also deserves to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail application. However, he is not in position to refute the fact that the case of present petitioner is not distinguishable from that of co-accused Hari Ram, Dinesh S/o Lunaram, Dinesh Arjunram and Suresh who have already been enlarged on bail.

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 on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Laxmanram@ Laxmi Narayan S/o Hariram arrested in connection with F.I.R. No.153/2021 registered at Police Station Kotwali Nagaur, 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.