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Judgment
6 paragraphs · 360 wordsKuldeep Mathur, J
The instant bail application has been filed by the petitioner under Section 439 Cr.P.C in connection with FIR No.356/2022 registered at Police Station Naya Shahar, District Bikaner, for the offences punishable under Sections 365, 323, 384, 394, 504, 506/34, 120-B of IPC and Section 5(G)(L)/6 of POCSO Act.
Learned counsel for the accused-petitioner submitted that from the perusal for the FIR, it is evident that the complainant has levelled allegation of causing injuries upon him by the petitioner, Rahul and Shyam Das. Learned counsel for the petitioner further submitted that the co-accused-Shyam Das S/o Sh. Ishwar Das has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 12.04.2023 in S.B. Criminal Misc. 2nd Bail Application No.660/2023. He further submits that the case of the accused-petitioner is not worse than that of the co-accused. Learned counsel submitted that the accused-petitioner is in judicial custody and the trial is likely to take a long time to conclude. Lastly, it was submitted that looking into the allegations which are similar to the ones levelled against the co-accused-Shyam Das, who was already been enlarged on bail and also from the perusal of the injury report, wherein all the injuries have been found to be simple in nature, no fruitful purpose would be served by keeping the accused-petitioner behind the bars till disposal of the case.
Per contra, learned Public Prosecutor has opposed the bail application.
Heard. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Ramlal S/o Sh. Mohan Ram shall be enlarged on bail in connection with FIR No.356/2022 registered at Police Station Naya Shahar, District Bikaner, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.