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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the challan papers.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.211/2016 registered at Police Station
Bap, District Jodhpur for the offences under Sections 147, 148,
341, 323, 324, 325, 326, 307 and 120B / 149 IPC.
The specific allegation levelled by the injured victim Mala
Ram regarding causing vehicular injuries to him are against the
petitioner no.1 Manohar Lal who was driving the offending vehicle.
Thus, at this stage, I am not inclined to release the petitioner no.1
Manohar Lal on bail.
Accordingly, the instant bail application qua the petitioner
no.1 Manohar Lal is dismissed as being devoid of any merit.
As regards the other petitioners are concerned, omnibus
allegations have been levelled against them that they were also
sitting in the Bolero Camper vehicle being driven by the petitioner
no.1 Manohar Lal. They are not attributed any overt participation
in the incident. Thus, having regard to the facts and circumstances
available on record but without expressing any opinion on the
merits of the case, this Court is of the opinion that the petitioners
no.2 to 6 namely, Bhagirath Ram, Sunil, Ashok, Surendra @
Sunder Lal and Harbhajan Ram deserve to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C.
qua the petitioners no.2 to 6 is allowed and it is directed that the
petitioners no.2 to 6 namely, Bhagirath Ram, Sunil, Ashok,
Surendra @ Sunder Lal and Harbhajan Ram arrested in connection
with the F.I.R. No.211/2016 registered at Police Station Bap,
District Jodhpur shall be released on bail provided each of them
furnish a personal bond of Rs.50,000/- and 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.