Ratan Singh S/o Aasu Singh vs The State of Rajasthan

Heard learned counsel for the petitioners, learned Public

Prosecutor, learned counsel for the complainant and also perused

the material on record.

The petitioners have been arrested in FIR No.301/2016 of

Police Station Nayasahar, District Bikaner for the offences

punishable under Sections 307, 392, 341, 324, 120-B IPC and

Sections 27 and 3 / 25 of the Arms Act. They have preferred these

second bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that in the

FIR, allegations of committing offence punishable under Sections

307, 392, 324, 341 IPC and Section 27 of the Arms Act are

against three persons and as per the charge-sheet filed by the

police, those three persons are Brahamdev, Indrajeet and Manish

Sharma. It is submitted that out of those three persons, one

Indrajeet has been arrested, whereas, Brahamdev and Manish

Sharma are absconding. It is submitted that in the charge-sheet,

the police has mentioned that petitioners Ratan Singh and

Ramniwas hatched conspiracy with Brahamdev for commission of

the offences mentioned in the charge-sheet from the Manager of

the petrol pump, however, as a matter of fact, there is no material

available on record which suggests that the petitioners were in

contact with those three persons namely Brahamdev, Indrajeet

and Manish Sharma in any manner. It is argued that even as per

the charge-sheet, the petitioners were not present at the place of

incident and the above named three accused persons have

committed the crime. It is, therefore, prayed that the petitioners

may be enlarged on bail.

Per contra, learned Public Prosecutor as well as learned

counsel for the complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after perusal of the charge-sheet, without

expressing any opinion on the merits of the case, I deem it just

and proper to grant bail to the accused petitioners under Section

439 Cr.P.C.

Accordingly, these second bail applications filed under

Section 439 Cr.P.C. are allowed and it is directed that petitioners -

Ratan Singh son of Aasu Singh and Ramniwas Vishnoi son of

Roshan Lal shall be released on bail in connection with FIR

No.301/2016 of Police Station Nayasahar, District Bikaner provided

each of them executes a personal bond in the sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for their appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.