Vinod Kumar Sharma, Chandraveer Singh Shekhawat, Gaurav Singh

Both the aforesaid bail applications shall stand decided by this common order as they arise out of the same F.I.R.

The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. 76/2018, Police Station Bhojasar, District Jodhpur for the offences under Sections 302, 307, 323, 120-B, 427/120-B, 147, 148 & 148/149 of I.P.C.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submit that the principal offenders, namely, Vikas, Ugrasen, Shyamlal, Ramniwas alias Ramchandra, Ramkumar, Ramesh alias Rama alias Ramniwas, Pradeep Kumar and Bhomaram have already been acquitted vide Judgment dated 21.12.2019 passed by learned Additional Sessions Judge, Phalodi, Jodhpur District in Sessions Case No. 25/2019 (State of Rajasthan Vs. Vikas & ors.) on the ground that all the prosecution witnesses have not supported the prosecution story and thus, have been declared hostile. Learned counsel further submit that the case of the present petitioners stands on much better footings from the persons, who have been acquitted in the present case. Learned counsel further submit that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time. Therefore, it is prayed that the petitioners may be enlarged on bail.

Learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the other accused in the present case have already been acquitted by the trial court, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

Consequently, both the bail applications filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Manish Sekhani S/o Budha Ram and (2) Narpat Ram S/o Gopi Ram arrested in connection with F.I.R. No. 76/2018, Police Station Bhojasar, District Jodhpur shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.