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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in connection
with F.I.R. No.408/2016, Police Station Naya Sahar, Bikaner for
the offences under Sections 302, 323, 341, 34, 143, 327 and 307
IPC.
Shri Vineet Jain, learned counsel for the petitioner contends
that the petitioner is not named in the FIR. As per the highest
case set out in the FIR, head injuries were inflicted to the
deceased Rajesh by Ajay Saharan and Bunty Choudhary. Later on
in the statements of the witnesses recorded under Section 161
Cr.P.C., the petitioner was also implicated. However, even in these
statements, the specific allegation of causing head injury is
attributed to Ajay Saharan. Drawing attention of this Court to the
post mortem report of the deceased, Shri Jain urged that only one
injury was caused to the deceased on head which proved fatal.
Thus, he urges that the petitioner has been falsely implicated in
the case and deserves to be released on bail.
Learned P.P. vehemently opposes the submissions advanced
by the petitioner''s counsel. However, he too does not dispute the
fact that neither the petitioner was named in the FIR nor is the
head injury caused to the deceased attributed to him in the
improved version of the prosecution witnesses in these statements
recorded under Section 161 Cr.P.C.
Having regard to the entirety of the facts and circumstances
as available on record and upon a consideration of the arguments
advanced at the Bar but without expressing any opinion on the
merits of the case, this Court is of the opinion that the bail
application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Sunil Vishnoi arrested in connection
with F.I.R. No.408/2016, Police Station Naya Sahar, Bikaner shall
be released on bail; provided he furnishes a personal bond of
Rs.50,000/- and two surety bonds of Rs.25,000/- 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.