Rambas 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.482/2018 of Police Station Ratanada, Jodhpur for the offences punishable under Sections 302 and 201 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as a matter of fact, the deceased fell from height in a drunken condition, however, the family members of the deceased lodged a complaint alleging that the petitioner inflicted an injury on the head of the deceased and on account of that, he died. Learned counsel for the petitioner has submitted that from the post mortem report, it is clear that the deceased was under influence of alcohol and taking into consideration this fact, it can be assumed that he fell from height in a drunken condition. Learned counsel for the petitioner has also submitted that charge-sheet has already been filed and trial of the case will take time. It is submitted by learned counsel for the petitioner that the complainant and relatives of the deceased have already given in writing to Commissioner of Police, Jodhpur that the deceased died due to accident and it is wrong to say that he was killed by the petitioner.

Learned Public Prosecutor has opposed the bail application, however, learned counsel for the complainant has verified that the complainant and relatives of the deceased have already given in writing to the Commissioner of police, Jodhpur that the deceased died due to accident and not on account of assault by the petitioner.

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 Rambas S/o Shri Kudai Gupta shall be released on bail in connection with FIR No.482/2018 of Police Station Ratanada, Jodhpur 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.