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Narsi Ram And Ors vs State Of Rajasthan, Through P.p.

Rajasthan High Court · Decided on 5 December 2019 · Citation: (2019) 12 RAJ CK 0121

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 143, 147, 148, 149, 323, 342, 364A, 365, 387, 395 · Information Technology Act, 2000 — Section 66E · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 13177, 13178, 13179, 13484, 13485 Of 2019
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Judgment

5 paragraphs · 378 words

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

The petitioners have been arrested in FIR No.34/2019 of Police Station Bajju District Bikaner for the offences punishable under Sections 395, 387, 364-A, 342, 323, 365, 382, 143, 147, 148, 149 IPC and Section 66E of IT Act They have preferred these bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the police have filed charge-sheet against the petitioners relying on statements of complainant Khiya Ram in which, he has alleged that the petitioners had abducted and assaulted him and thereafter, extorted money from him. It is submitted that now the statements of complainant Khiya Ram has been recorded before the trial court as PW-2 wherein, he has not supported the prosecution story and turned hostile and the complainant in his statements recorded before the trial court has specifically stated that he was not aware that who were those persons who have abducted and extorted money from him. It is submitted that in view of the fact that the complainant has not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the petitioner.

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 under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Narsi Ram S/o Sh. Banwari Lal, Dinesh S/o Budh Ram, Kailash Bhambhu S/o Shri Bhopal Ram, Het Ram S/o Shri Sahi Ram,Sanwar Lal S/o Shri Bhanwar Lal and Shrawan Kumar S/o Sh. Hanumana Ram shall be released on bail in connection with FIR No.34/2019 of Police Station Bajju District Bikaner 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.