Sunil vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.55/2022 Police Station Bhungda, District Banswara for the offence punishable under Section 302 of the IPC.

Learned counsel for the petitioner submits that petitioner along with his family members were going to village Kherwadi. When they were crossing the river bridge at that time Laxman stopped them and tried to abduct his wife Sona. Laxman who was having motorcycle chain, inflicted injuries to petitioner’s sister Bhula, due to which she fell down. Laxman thereafter started pelting stones which injured Prakash Makwana who also received injuries. As a self defence, the petitioner threw stone which hit the deceased on his head and later on he died. Challan of the case has been presented and no investigation is pending. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record. This Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Sunil S/o Shri Punja @ Punjia, shall be enlarged on bail in FIR No.55/2022 Police Station Bhungda, District Banswara provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.