Ravi Indora vs State Of Rajasthan

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record. The petitioner has been arrested in connection with FIR No.360/2019 of Police Station Sadar, District Sri Ganganagar for the offences punishable under Sections 307, 147, 148, 149, 382, 452 & 325 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner, while relying upon the injury report annexed with the bail application, submits that no injury has been caused which can be said to be dangerous to life. He further submits that the petitioner is in custody since 17.11.2019.

Learned counsel for the petitioner also submits that the bail applications of Suraj and Aakash were dismissed as not pressed vide orders dated 18.02.2020 and 03.02.2020 respectively passed by a coordinate Bench of this Hon'ble Court in S.B. Criminal Misc. Bail Applications No.2138/2020 & 1476/2020 respectively and the role attributed to them was that Suraj was carrying a sword and Aakash was carrying an iron rod, whereas the present petitioner himself was carrying only a Lathi.

Learned Public Prosecutor opposes the bail application stating that there is no difference between the bail applications, which have been not pressed and the present bail application.

This Court finds that the bail applications of Suraj and Aakash were not dismissed on merits but were not pressed on 18.02.2020 and 03.02.2020 respectively with the liberty of preferring the bail application again after recording the statement of the injured, but due to the COVID-19 situation, the statement of the injured is yet to be recorded. It is also clear from the record that no injury is dangerous to life. It is also reflected in the record that the accused-petitioner has lesser role than Suraj and Aakaash while only a lathi was recovered from the present petitioner. The passage of time, prolonged custody and the given circumstances, entitled the petitioner to be released on bail.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ravi Indora S/o Shri Ashok Indora shall be released on bail in connection with FIR No.360/2019 of Police Station Sadar, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.