Pappu Ram vs State Of Rajasthan

Vinit Kumar Mathur, J

The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.101/2021, Police Station Bajju, District Bikaner, for the offence under Sections 341, 323 in alternate 323/34, 302 in alternate 302/34 of IPC.

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

Learned counsel for the petitioner submits that after rejection of the second bail application of the petitioner on 16.08.2022, statements of three witnesses have been recorded before the trial Court including PW-3 Kanhaiya Lal and PW-5 Dr. Bhanwar Lal Jakhar. He further submits that the role attributed to the present petitioner by PW-3 Kanhaiya Lal is only to the extent that he has pushed the deceased Mukesh in front of the vehicle driven by Jalam Singh. He also submits that even as per the statement of PW-5 Dr. Bhanwar Lal Jakhar, the injuries suffered by the deceased Mukesh could not be the cause of death in the normal circumstances.

Learned counsel for the petitioner further submits that the injury report prepared on 12.05.2021 i.e. a day after the accident, clearly shows that the three injuries suffered by the deceased are simple in nature and caused by blunt weapon. He also submits that the deceased Mukesh died after one month of the incident and therefore, the cause of death could not be the injuries suffered by him in the incident which had taken place on 11.05.2021. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the petitioner is entitled for grant of bail under Section 439 Cr.P.C.

Accordingly, the present third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner-Pappu Ram S/o Kishna Ram shall be released on bail in connection with F.I.R. No.101/2021, Police Station Bajju, District Bikaner provided he executes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the 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.