Sukhdev Singh @ Bhola And Others vs State Of Rajasthan

Vijay Bishnoi, J

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.228/2019 of Police Station Hanumangarh Town, District Hanumangarh for the offence(s) punishable under Section(s) 341, 323, 302, 325, 147, 148 and 149 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that co-accused persons namely Mangal Singh @ Bittu, Gurdeep Singh @ Bala and Hardeep Singh @ Tittoo have already been enlarged on bail by this Court and case of the present petitioners is not distintuishable from them. It is submitted that the allegation of inflicting injury to the deceased is levelled against all the accused persons and no specific role has been assigned to the present petitioners. It is further argued that the incident took place on 20.5.2019, whereas the FIR has been lodged on 22.5.2019. It is submitted that father of the deceased (PW-1), in his court statement, has admitted that the deceased was discharged from the hospital on 12.6.2019 and, thereafter, he remained at the house. He has also stated that the injury on the head of the deceased got infected and later on, on account of that, his son died on 13.12.2019. Learned counsel for the petitioners has submitted that in the facts and circumstances of the case, it is clear that the petitioners had no intention to kill the deceased.

Per contra, learned Public Prosecutor has opposed the bail applications.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioners under Section 439 Cr.P.C.

Accordingly, this/these bail applications filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Sukhdev Singh @ Bhola S/o Pritam Singh and Sukhdev Singh @ Ninga S/o Sh. Sohan Singh shall be released on bail in connection with FIR No.228/2019 of Police Station Hanumangarh Town, District Hanumangarh provided he/she/they execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.