Seema Dev And Others vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

Both the bail applications shall stand decided by this common order as they arise out of the same FIR.

The present second bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.123/2021, Police Station Sadar, District Sri Ganganagar for the offences under Sections 302, 341, 147 & 149 of IPC.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioners submits that after the rejection of the first bail applications of the petitioners on 21.02.2022, the principal accused Gurjeet Singh has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 24.08.2022. He submits that even the so-called eye-witness Sandeep Kumar has been examined before the trial court as P.W.1 and since he has not supported the prosecution case, therefore, he has been declared hostile.

Learned counsel further submits that other co-accused persons, namely, Sandeep Kumar, Babloo Ram & Jashandeep Singh have also been enlarged on bail by this Court. He, therefore, prays that the petitioners may be enlarged on bail.

The learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail applications.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

Consequently, the present second bail applications filed under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Seema Devi @ Soniya W/o Sh. Mohan Lal & (2) Hemjot Singh S/o Jasveer Singh arrested in connection with F.I.R. No.123/2021, Police Station Sadar, District Sri Ganganagar shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.