Shivram vs State Of Rajasthan

Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record.

The petitioner has been arrested in connection with FIR No.45/2018 of Police Station Jayal, District Nagaur for the offences punishable under Sections 148, 149, 341, 323, 307 and 302 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that none of the witnesses has specified the role of the petitioner of inflicting injury on the deceased. It is submitted that the injured witnesses have stated that Shiv Ram and Sita Ram inflicted injuries on Mugna Ram and Mugna Ram has also stated that Shiv Ram and Sita Ram inflicted injuries upon him by lathies. Learned counsel for the petitioner has submitted that injuries on the body of Mugna Ram are simple in nature. It is also submitted that similarly situated co-accused Sita Ram has already been enlarged on bail.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. Learned counsel for the complainant has submitted that a blood stained rod and blood stained cloths were recovered from the petitioner whereas there is no recovery from the co-accused Sita Ram, who has been enlarged on bail and, therefore, the case of the petitioner is distinguishable from that of co-accused.

Having regard to the totality of the facts and circumstances of the case and having gone through 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 petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Shivram S/o Shri Surjaram shall be released on bail in connection with FIR No.45/2018 of Police Station Jayal, District Nagaur 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.