Moti Khan And Others vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.611/2022 Police Station Ratangarh, District Churu for the offence punishable under Sections 341, 323, 325, 307/34 of IPC.

Learned counsel for the petitioners submits that injured Ghasi Khan received two injuries, which are found to be grievous in nature but according to the statement of injured Ghasi Khan, only omnibus allegation has been levelled against Sikander Khan, Arshad and Moti Khan. Challan of the case has been presented. The petitioner is in the judicial custody since 25.06.2023 and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioners.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submitted that if petitioners granted benefit of bail, there may be an apprehension that petitioners may cause another incident to harm the complainant, therefore, petitioners should not be granted benefit of bail.

I have considered the arguments advanced before me and gone through the material available on record. This Court deems it just and proper to release the petitioners on bail, as challan of the case has been presented and injured has already been discharged from the hospital.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners – (1) Moti Khan S/o Ali Khan and (2) Sikandar Khan S/o Manvar Khan shall be enlarged on bail in FIR No. 611/2022, Police Station Ratangarh, District Churu provided they furnish personal bonds in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.