Rajesh vs State Of Rajasthan

This second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 195/2019 registered

at Police Station Chouth ka Barwara District Sawaimadhopur for the offence(s) under Section(s) 143, 341, 323 & 504 IPC and later on for offence

under Section(s) 147, 148, 149, 341, 323, 324, 325 and 307 IPC.

Heard learned counsel for the petitioner through 'Jitsi Meet'. It is contended by learned counsel for the petitioner that from the statement of injured

Kanhaiyalal it is apparent that injury leading to offence under Section 307 IPC is not attributed alone to the petitioner. He further submits that the

injured was subjected to medical examination after 15 days from the date of incident with no explanation for such inordinate delay. He contends that

the petitioner is in custody since 07.11.2019, trial of the case will take time, he has no criminal antecedents and prays for release of the petitioner on

bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the statement of the injured, his length of custody 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 second bail application is allowed and it is directed that accused-petitioner Rajesh S/o Shri Gangaram 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) 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.