Pappu Ram S/o Shankar Lal vs The State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor as well as learned counsel for the complainant. Perused

the material available on record.

The present 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.154/2016, Police Station Anandpur Kalu, District Pali

for the offences under Sections 452, 354, 323 & 306 IPC.

Learned counsel for the petitioner contends that ex-facie the

allegations levelled by the prosecution in the FIR are unbelievable.

He submits that the I.O. has not found the allegation of the

complainant that the deceased Shyam Lal was thrown in the well

proved. Even the finding recorded regarding the deceased having

been instigated to commit suicide is not substantiated by any

evidence. Thus, he prays that the petitioner deserves to be

released on bail.

Per contra, learned P.P. and learned counsel for the

complainant vehemently oppose the submissions advanced by the

petitioner''s counsel. It is contended that an application has been

filed on behalf of the prosecution to take cognizance against the

non charge-sheeted accused and to proceed for offence under

Section 302 IPC.

At this stage, learned counsel for the petitioner placed on

record copy of order dated 18.1.2017 passed by the trial Court

whereby such application has been rejected.

Thus, having regard to the entirety of facts and

circumstances as available on record and upon a consideration of

the arguments advanced at the Bar but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner, Pappu Ram arrested in connection

with F.I.R. No.154/2016, Police Station Anandpur Kalu, District Pali

shall be released on bail; provided he furnishes a personal bond of

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.