Pushkar vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 277/2020 registered

at Police Station Weir, District Bharatpur for the offence under Section(s) 354 & 457 IPC and later on for the offence under Section(s) 354, 354(A)

& 457 of IPC.

It is contended by the learned counsel for the petitioner that on account of ongoing civil dispute between the parties, he has falsely been implicated in

this case. He submits that both the independent eye witnesses namely Gyan Singh and Bhim Singh have not supported the prosecution story in their

statements recorded under Section 161 Cr.P.C. He submits that FIR is delayed, the petitioner is in custody since 24.10.2020, charge sheet has already

been filed, offences are triable by Magistrate, he has no criminal antecedents and prays for his release on bail.

Learned Public Prosecutor assisted by the learned counsel for the complainant vehemently opposing the bail application submitted that in view of

nature of allegation against the petitioner, he does not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioner, his

length of custody, filing of the charge sheet, offences being triable by Magistrate and absence of criminal antecedents; but, without expressing any

opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Pushkar Son Of Shri Ramcharan shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.