Ramesh And Ors vs State, Through P.p.

S.B. Criminal Miscellaneous Bail Application No. 1491/2020

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.481/2019, Police Station- Phalodi District Jodhpur for the offences under Sections 147, 148, 149, 323, 458,396, 307, 436, 427, 109 of IPC and section 3/25 of Arms Act.

Heard learned counsel for the petitioner, learned Public Prosecutor as also learned counsel for the complainant. Perused the material available on record.

It is submitted by learned counsel for the petitioner that in the present case, neither any overt act has been attributed against the petitioner nor any CC TV footage shows presence of the petitioner on the place of the incident. The petitioner has not been named in the FIR. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail. Learned counsel for the complainant vehemently opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Ramesh S/o Manohar Lal arrested in connection with F.I.R. No.481/2019, Police Station- Phalodi District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.

S.B. Criminal Miscellaneous Bail Application No.1001/2020

Learned counsel for the petitioner submits that he does not want to press the instant bail application at this stage with liberty to revive the prayer for bail after filing of the charge sheet.

Accordingly, the bail application is dismissed as not pressed at this stage with liberty as aforesaid.