Omprakash vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.56/2022 of Police Station Ahore, Distt. Jalore for the offence punishable under Sections 147, 148, 149, 323, 341 & 302 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that according to the statements of eye-witnesses, specific allegation for run over the tractor on the body of the deceased has been levelled against the co-accused Ramesh and only omnibus allegation has been levelled against the present petitioner and other co-accused that they also gave beating to the deceased. Challan has already been presented in this case and no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor opposed the bail application.

I have considered the arguments advanced before me and perused the material on record.

Having regard to facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Omprakash S/o Tayaram, shall be released on bail in connection with FIR No.56/2022 of Police Station Ahore, Distt. Jalore provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.