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Judgment
6 paragraphs · 349 wordsKuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.25/2023, registered at Police Station Kuwa, District Dungarpur, for offence under Section 302/34 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Drawing attention of the Court towards the postmortem report of deceased – Kalu, learned counsel for the petitioner submitted that as per postmortem report, cause of death of the deceased – Kalu was antemortem head injury. Attention of the Court was further drawn towards the statement of eye witness of the incident – Dinesh and other witnesses namely Harish, Laxman, Nayna etc., which reveals that specific allegation of inflicting head injury upon the deceased has been levelled against co-accused Shanti Lal and the petitioner is not the author of the head injury. Learned counsel submitted that the petitioner has been falsely implicated in this case. Challan of the case has already been filed. The petitioner is in judicial custody since 15.03.2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, so also the fact that specific allegation of inflicting head injury upon the deceased – Kalu is levelled upon co-accused Shanti Lal, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Naresh S/o Shri Gautam arrested in connection with F.I.R. No.25/2023, registered at Police Station Kuwa, District Dungarpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.