Rajuram And Ors vs State Of Rajasthan

In wake of onslaught of COVID-19, as an abundant caution, hearing of the cases shall be only through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 102/2020, Police Station Phalodi, District Jodhpur, registered for the offences under Sections 147, 148, 452, 323, 325, 354 and 307/149 of the Indian Penal Code.

Learned counsel for the petitioner appearing through video calling stated that the allegations levelled against the present accused-petitioners and other co-accused persons are similar; benefit of bail has already been granted to the co-accused persons. Learned counsel also stated that no injury has been found on the vital part of the body of the victims. As per material available on record, the present case would come under the purview for the offences punishable under Section 325 IPC. With these submissions, learned counsel prayed that the benefit of bail may be granted to the accused-petitioner.

On the contrary, learned Public Prosecutor and the learned counsel Mr. Pritam Solanki appearing for the complainant, while opposing the bail application of the accused-petitioners, stated that as per the First Information Report (FIR) itself, injuries caused to the victim Pramila were attributed to the present accused-petitioners, namely Rajuram and Subhash both sons of Lichhamanram. Learned counsel further stated that there is a head injury on the person of the victim, which is alleged to have been caused by the accused-petitioner Rajuram S/o Lichhamanram. Learned counsel also stated that the injury caused to Ramesh with the help of axe was attributed to the co-accused Om Prakash, therefore, benefit of bail may not be granted to the accused-petitioners.

Learned counsel appearing for the complainant requested the Court to call for the case diary.

In reply, learned counsel for the petitioners draws attention of the Court towards page number 2 of the order dated 19.05.2020 passed by the coordinate Bench of this Court with regard to the Bail Application No. 4874/2020 filed on behalf of the accused Ramswaroop.

At page No. 2 of the order dated 19.05.2020, the following observations have been made by the coordinate Bench:-

"Having regard to the totality of the facts and circumstances of the case and having gone through the factual report wherein it is clearly mentioned that all the injuries on the body of the injured are simple in nature except one injury on knee of Hadmana Ram which is found to be grievous, 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."

While referring to the above quoted portion of the observations, learned counsel for the accused-petitioners stated that the case diary is not required in the present case.

Heard and considered the arguments advanced by the learned counsel for the petitioners, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record.

Having regard to the observations, as quoted hereinabove, made by the coordinate Bench of this Court in the bail application of the co-accused Ramswaroop, this Court is of the opinion that the present bail application filed on behalf of the accused- petitioners deserves to be allowed and the petitioners deserve to be enlarged on bail.

Apart from the above, since the co-accused, namely, Rajuram S/o Khamuram, Shrawan Kumar S/o Khamuram and Bagaram S/o Tejaram have already been granted the benefit of bail under Section 439 Cr.P.C. vide order dated 27.05.2020 (Bail Application No. 5257/2020) on the basis of the order dated 19.05.2020 passed in relation to the co-accused Ramswaroop (Bail Application No. 4874/2020), this Court is opinion that the present accused-petitioners deserve to be enlarged on bail.

Having regard to the facts and circumstances of the case, particularly to the facts that the injuries are simple in nature except one caused to the victim Hadmana Ram and the other co- accused persons have already been granted the benefit of bail under Sections 439 Cr.P.C., therefore, at this stage, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Rajuram S/o Lichhmanram and (2) Subhash S/o Lichhmanram, both arrested in connection with F.I.R. No. 102/2020, Police Station Phalodi, District Jodhpur, shall be released on bail provided each of them furnish 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.