Ramcharan and Others vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me.

Contention of the learned Counsel for petitioners is that there is family dispute in which father, his brother and nephews are made accused in wholesome manner. The entire family has been falsely implicated in the present case whereas, there are only three injured. Grievous injury to the injured is assigned to petitioner No. 2 Ramkalyan and petitioner No. 3 - Parsa whereas, other injuries which are simple in nature are attributed to petitioners No. 1 - Ramcharan, petitioner No. 4 - Dinesh, petitioner No. 5 - Kallu, petitioner No. 6 - Chanda and petitioner No. 7 - Ramesh.

Learned Public Prosecutor has opposed the bail application and submitted that so far investigation has not been completed and bail may not be granted to the petitioners because all the injured have sustained injuries.

Upon hearing learned Counsel for petitioners and learned Public Prosecutor for the State, I am not inclined to enlarge accused-petitioners No. 2 and 3 on bail at this stage. The bail application of petitioner No. 2 Ramkalyan S/o Dalla and petitioner No. 3 Parsa S/o Gopal in FIR No. 392/2010 PS Kotwali, Baran for offence Under Sections 143, 452, 323 and 307 IPC is accordingly rejected. They would however be at liberty to apply for bail again before the court of sessions after the challan is filed.

Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge petitioners No. 1, 4, 5, 6 and 7 on bail.

In the result, this bail application u/s 439 Cr.P.C. in so far as petitioners 1, 4, 5, 6 and 7 is concerned, is allowed and it is directed that petitioner No. 1 - Ramcharan S/o Latoorlal, petitioner No. 4 - Dinesh S/o Ramchandra, petitioner No. 5 - Kallu S/o Ramchandra, petitioner No. 6 - Chanda S/o Gopal and petitioner No. 7 - Ramesh S/o Latoorlal shall be released on bail in FIR No. 392/2010 PS Kotwali, Baran for offence Under Sections 143, 452, 323 and 307 IPC on each of their furnishing a personal bond in the sum of Rs. 30,000/-together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for their appearance before that court on all dates of hearing until conclusion of the trial.