Raja Ram vs State

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

The petitioner has been arrested in connection with FIR No.173/2018 of P.S. Bajju (Bikaner) for the offences punishable under Sections 302, 307, 506, 447, 323, 341, 147, 148, 149 I.0.C. and Section 3/25 and 27 Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted allegations of firing gunshot which resulted into death of deceased Sushil is against co-accused Shankar. Learned counsel for the petitioner has also submitted that as a matter of fact, on account of some dispute regarding agriculture land, a fight took place between both the parties and injuries were received by them. It is also submitted that in the FIR, the complainant has stated that first Shankar Lal and others assaulted them and at that time, they went into their house, however, later on when they were proceeding towards hospital, again the accused party attacked them. It is submitted that regarding the first incident, the petitioner has not been named, however, he has been named in the second incident, but the said allegations are not true. Learned counsel for the petitioner has submitted that charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Raja Ram S/o Budh Ram shall be released on bail in connection with FIR No.173/2018 of P.S. Bajju (Bikaner) provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.