Om Prakash And Others vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.56/2023 registered at Police Station Bhaleri, District Churu, for offences under Sections 307, 326, 323, 451, 354 and 34 IPC.

Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Drawing attention of the Court towards the statements of injured Smt. Sulochana Devi recorded under Section 161 Cr.P.C. dated 24.04.2023, learned counsel for the petitioners submitted that the only allegation against the petitioner No.1 Om Prakash is of kicking the injured in her stomach. Learned counsel submitted that there is absolutely no allegation against the petitioners of causing any injury to the injured with the use of sharp/blunt weapon. Learned counsel submitted that in view of the fact that the only allegation against the petitioner No.1 Om Prakash is of kicking the injured person, no fruitful purpose would be served by keeping the petitioners behind the bars for an indefinite period. The trial of the case will take sufficiently long time. On these grounds, he implored the Court to enlarge the petitioners on bail.

Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case so also the fact that there is no allegation against the petitioners of causing any injury by sharp/blunt weapon in the incident which occurred on 21.04.2023, without expressing any opinion on merits/demerits of the case, this Court is inclined the petitioners on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Om Prakash S/o Chunna Ram and (2) Kana Ram @ Kanahaiya Lal S/o Om Prakash arrested in connection with F.I.R. No.56/2023 registered at Police Station Bhaleri, District Churu, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.