Mukh Ram vs State, Through Pp

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.140/2018 of Police Station Pallu District Hanumangarh for the offences punishable under Sections 302, 323, 341, 34 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of second bail application of the petitioner, statements of PW-6 Dharampal, who happened to be uncle of the deceased have been recorded before the trial court. It is submitted that in his cross examination, Dharampal admitted that brother of the deceased Rajendra was involved in the case of molestation with the sister-in-law (brother's wife) of the petitioner and on account of that, he has been involved in this case. It is further submitted that the allegation against the petitioner and other co-accused persons is that they had inflicted injuries on the body of the deceased Momanram and on account of that, he died, but as per the postmortem report, there is only one injury on the body of deceased i.e. on head. It is also submitted that all the eye witnesses have specifically stated that the said injury was inflicted by co-accused Prem. It is also submitted that the petitioner is in custody since long and 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 and after going through the evidence PW-6 Dharampal, 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 Mukh Ram S/o Mala Ram shall be released on bail in connection with FIR No.140/2018 of Police Station Pallu District Hanumangarh 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.