Mowa Ram vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.71/2018 of Police Station Rohida, District Sirohi for the offence punishable under Section 304 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner and the deceased were in a marriage function and while dancing there, some quarrel took place between them, at that time, the deceased inflicted a knife injury upon the petitioner then, in private defence, the petitioner also inflicted injury on the head of the deceased by a stick, which resulted into his death. It is submitted that the petitioner had no intention to kill the deceased but he has acted in his right to private defence as the deceased was aggressor and inflicted a knife injury upon him. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor has opposed the 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Mowa Ram S/o Kala Ram shall be released on bail in connection with FIR No.71/2018 of Police Station Rohida, District Sirohi provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.