Ram Swaroop And Ors vs State of Rajasthan through the Public Prosecutor

After perusing the written submissions submitted by learned counsel for the petitioners through e-email and after hearing learned Public Prosecutor

and also perused the material on record.

The petitioners have been arrested in FIR No.148/2019 of Police Station Fuliya Kalan, District Bhilwara for the offences punishable under Sections

143, 341, 323, 325 and 307 IPC. They have preferred this second bail application under Section 439 Cr.P.C.

It is mentioned by learned counsel for the petitioner in the written submissions that after rejection of first bail application of the petitioners, charge-

sheet has been filed and the injured person has levelled omnibus allegations against the petitioners and has not specified their action. It is also

submitted in the written submissions that in the injury report, the doctor has not given any specific opinion that the injuries on the body part of the

injured are dangerous to life.

Learned Public Prosecutor has 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 petitioners under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners â€" (1) Ram Swaroop S/o

Mahaveer and (2) Mahaveer S/o Ramdev shall be released on bail in connection with FIR No.148/2019 of Police Station Fuliya Kalan, District

Bhilwara provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be

difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail

upon furnishing the personal bond. He may furnish requisite sureties by 15th May, 2020 to the satisfaction of the learned trial court.

The petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, they fail to furnish

surety bonds by the stipulated time, the instant order will come to an end automatically.