Ravi Kumar vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.71/2023 registered at Police Station Keshrisinghpur, District Sri Ganganagar, for offences under Sections 307, 147, 148 and 149 IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per the FIR, co-accused persons Tulli @ Salim, Pawan Kumar and Kirsandeep Singh inflicted injuries to the victim. Learned counsel further submitted that in the FIR, no specific act has been attributed to the petitioner. Learned counsel submitted that co-accused persons namely Shahad Akhtar @ Sibu @ Sebu (S.B. Cri. Misc. Bail Application No.10073/2023) and Shishpal (S.B. Cri. Misc. Bail Application No.11080/2023) have already been enlarged on bail by coordinate Bench of this Court vide orders dated 17.08.2023 and 06.09.2023 respectively. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of above named co-accused persons as in the FIR, no specific act has been assigned to the petitioner as well. Learned counsel submitted that the petitioner is in custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that the petitioner has been named in the FIR and challan has yet not been filed against him and looking to the seriousness of accusation against the petitioner, he does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case so also the fact that in the FIR, no specific act has been assigned to the petitioner and the case of the present petitioner is not distinguishable from that of co-accused Shahad Akhtar @ Sibu @ Sebu and Shishpal who have already been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ravi Kumar S/o Kashmiri @ Kashmir Lal arrested in connection with F.I.R. No.71/2023 registered at Police Station Keshrisinghpur, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.