High CourtsSingle Bench

Surendra @ Chhela Ram vs State Of Rajasthan

Rajasthan High Court · Decided on 1 December 2022 · Citation: (2022) 12 RAJ CK 0004

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 147, 148, 149, 302, 323, 342, 364, 458
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 9500 Of 2022
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Judgment

7 paragraphs · 307 words

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.110/2021 Police Station Bhawanda, District Nagaur for the offence punishable under Sections 147, 148, 149, 342, 323, 364, 302, 458 & 120-B of the IPC.

Learned counsel for the petitioner submits that similarly situated co-accused Shivkaran @ Siyaram, Shobha Ram and Mahendra S/o Shri Dula Ram have been enlarged on bail by this Court and the case of present petitioner is similar to those co-accused. Counsel further submits that deceased gave statement to the police, in which he specifically named co-accused persons Suresh, Mahipal and Mahendra S/o Babu Ram who inflicted injuries to him. Challan of the case has already 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 and learned counsel for the complainant have vehemently opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, 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 - Surendra @ Chhela Ram S/o Sh. Om Prakash, shall be enlarged on bail in FIR No.110/2021 Police Station Bhawanda, District Nagaur 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.