Rakha Ram And Ors vs State of Rajasthan

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with FIR

No.503/2019, Police Station Jaitaran, District Pali for the offence punishable under Sections 143, 452, 427, 307, 308, 323, 325, 395 & 392/34 of IPC.

The first bail application of the petitioners was dismissed on 08.01.2020 by this Court.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioners that after dismissal of the first bail application of the petitioners, the charge-sheet in the case has been filed.

The injury reports shows that the injuries suffered by the injured persons of the complainant party are grievous in nature but not dangerous to life and

the same are on non vital parts of the body. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be

enlarged on bail.

Learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail application. However, learned counsel for the

complainant submits that the petitioners are habitual offenders and this is fourth time when both the parties are involved in the incident. Learned

counsel further submits in case of aggression/assault/any fight between the petitioners and the complainants in future with respect to the land in

question, the complainants may be given liberty to apply for cancellation of bail granted to the petitioners.

I have considered the submission made at the Bars.

The charge-sheet in the case has been filed and the injuries sustained by the complainants are grievous in nature but not dangerous to life. In case the

petitioners are found involved in any kind of disturbance/assault/fight with the complainants or any damage being caused to their premises, the

complainants will be free to move an appropriate proceedings for cancellation of the present enlargement of bail granted by this Court.

Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1)Rakha Ram S/o Shri Kesa Ram,

(2)Raju Ram S/o Shri Kesa Ram, & (3)Chotu Ram S/o Shri Kesa Ram, shall be released on bail in connection with FIR No.503/2019, Police Station

Jaitaran, District Pali provided each of them furnishes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and

solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of learned trial court for their appearance before that

court on each and every date of hearing and whenever called upon to do so till the completion of the trial.