Siyaram And Ors vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.269/2020

registered at Police Station Keshavrai Patan District Bundi for the offence(s) under Section(s) 143, 323, 307, 452 & 354 of IPC and under Section 7/8

of the POCSO Act, 2012 and later on for the offences under Sections 143, 341, 323, 324, 325 & 307 of IPC.

Drawing attention of this Court towards the injury reports of the victims from the complainant side, learned counsel for the petitioners contended

that the offence against them does not travel beyond the scope of Section 325 IPC, which is bailable. He submitted that it is a case of version and

cross-version in which persons from accused side have also received injuries. With regard to criminal antecedents, learned counsel for the petitioners

submitted that these cases are lodged by the complainant party in this case and there are cross cases also. He submitted that the petitioners are in

custody since 05.11.2020, investigation as against them is complete, trial of the case will take time, similarly situated co-accused persons have been

extended benefit of bail by this Court vide order dated 19.11.2020 and prays for their release on bail.

Opposing the bail application, learned Public Prosecutor submitted that the petitioners were aggressor and have injured as many as eight persons

from their side entering their house. He submitted that looking to the nature and gravity of the allegation, they do not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned respective counsels, the nature of allegations against the petitioners, the material

available in the case diary, their length of custody and release of co-accused persons on bail by this Court; but, without expressing any opinion on the

merits of the case, this court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Siyaram S/o Kesari Lal & 2. Babulal S/o Dhanna Lal shall

be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section

437(3) Cr.P.C.