Ravishekhar And Ors vs State

This application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.101/2020, Police Station Jainarayan Vyas Colony, District Bikaner, for the offences under Sections 420, 452, 307, 327 & 34 IPC and under Sections 3(1)1(d), 2(1)(3), 3(2)(v)(va), 3(2)(v) of SC/ST Act.

Learned counsel for the petitioners submits that the injury caused to the complainant was as a result of mutual scuffle between the petitioner and complainant party for which cross FIRs have been filed. He submits that the injury allegedly caused by the petitioners is not life threatening.

Pursuant to the directions given by this Court, learned Public Prosecutor placed for perusal of the Court, factual report and injury report, which shows that the injury suffered by the injured is not dangerous to life.

In view of the aforesaid, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioners (1) Ravishekhar S/o Nathuram and (2) Jethu Singh S/o Nathuram, arrested in FIR No.101/2020, Police Station Jainarayan Vyas Colony, Bikaner shall be released on bail on their furnishing personal bonds in the sum of Rs.50,000/- each and two sureties of Rs.25,000/-.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioners shall be released on bail upon furnishing the personal bonds. They may furnish requisite sureties by 26.6.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioners about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioners on bail.

Petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, they fail to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.