Ramesh Kumar vs State Of Rajasthan

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 157/2020, Police Station Hanumangarh Junction, registered for the offences under Sections 307, 323, 325, 341, 147, 148, 149, 427 and 120-B of the Indian Penal Code.

Learned counsel for the petitioner Mr. Purohit appearing through video calling argued that the present petitioners are the college students and since long, they are in judicial custody. Learned counsel also argued that the benefit of bail was granted to the co-accused, namely, Akshay Kumar (Bail Application No. 5147/2020) and Parikshit Godara (Bail Application No. 4208/2020) by the two different coordinate Benches of this Court vide orders dated 27.05.2020 and 13.05.2020. Learned counsel Mr. Purohit further argued that in this case, there are common allegations against all the accused-petitioners and the allegations levelled against the present accused-petitioners are similar to the other co-accused who have been ordered to be enlarged on bail. With these submissions, learned counsel prayed that benefit of bail may also be granted to the present accused petitioners.

On the contrary, learned Public Prosecutor and the learned counsel appearing for the complainant seriously opposed the present bail applications. Learned Public Prosecutor submitted that one injury caused to the victim Rishabh has been declared as dangerous to life and, therefore, benefit of bail may not be granted to the present accused-petitioners.

Heard and considered the arguments advanced by the learned counsel for the petitioner, learned Public Prosecutor and the learned counsel appearing for the complainant. Perused the material available on record.

Having regard to the facts and circumstances of the case, particularly to the fact that the benefit of bail has already been granted to the co-accused, as referred above and similar allegations have been levelled against all the accused persons and no different allegation has been levelled against the present accused-petitioners even as per the prosecution, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the petitioners deserve to be accepted.

Consequently, all the three bail applications are allowed. It is ordered that the accused-petitioners, (1) Ramesh Kumar S/o Rai Singh (Bail Application No. 6064/2020), (2) Sudhir @ Dheeru S/o Gopi Ram (Bail Application No.6081/2020) and (3) Sushil Kumar S/o Dharampal (Bail Application No. 6082/2020), arrested in connection with F.I.R. No.157/2020, Police Station Hanumangarh Junction, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.