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Mukesh And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 3 January 2019 · Citation: (2019) 01 RAJ CK 0014

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 326, 354, 452, 504 · Code Of Criminal Procedure, 1973 — Section 439
CASE NUMBER
Criminal Miscellaneous Bail No. 13123 Of 2018
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Judgment

7 paragraphs · 359 words

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

The petitioners have been arrested in connection with FIR No.453/2018 of Police Station Pindwara, District Sirohi for the offences punishable under Sections 452, 326, 354, 323 and 504 I.P.C. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners at the outset does not want to press the bail application preferred on behalf of petitioner No.1 Mukesh S/o Shri Dhula Ji, however, seeks liberty for him to file fresh bail application before the trial court after filing of charge-sheet.

Therefore, the bail application preferred on behalf of petitioner No.1 Mukesh S/o Shri Dhula Ji is rejected as not pressed with the liberty sought for.

So far as the bail application preferred on behalf of petitioners No.2 Kesa Ram and No.3 Tara Ram is concerned, learned counsel for the petitioners has argued that allegation against them is only to the effect that they accompanied the petitioner No.1 Mukesh and grievous injury was caused by Mukesh. Learned counsel for the petitioner has submitted that omnibus allegations against the petitioners No.2 and 3 have been levelled and no specific role has been assigned to them.

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 petitioners No.2 and 3 under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners No.2 Kesa Ram S/o Shri Dhula Ji and No.3 Tara Ram S/o Babu Ji shall be released on bail in connection with FIR No.453/2018 of Police Station Pindwara, District Sirohi provided each of them 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/her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.