Vishal Barasa vs State Of Rajasthan

Kuldeep Mathur, J

The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.559/2022, registered at Police Station Naya Shahar, District Bikaner for offences punishable under Sections 323, 341, 325, 307/34 IPC.

Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submitted that in the FIR lodged by the complainant on 20.12.2022, the accused-petitioners namely Aakash Dharu, Pukhraj Bakada and Basant Parihar have brutally attacked him and caused as many as 13 injuries. Learned counsel further submitted that complainant in his statements under Section 161 Cr.P.C. has stated that head injury was inflicted upon him by the co-accused Pukhraj because of which he fell on the ground and thereafter the present petitioner along with co- accused continued inflicting injuries upon him. Learned counsel for the petitioner further submitted that similarly situated co-accused Pukhraj and Niraj have already been enlarged on bail by the competent criminal court. Learned counsel further submitted that case of the petitioner is not worse than that of the co-accused. The petitioner is in 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.

On the contrary, learned Public Prosecutor has vehemently opposed the bail application of the accused-petitioner.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits 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 - Vishal Barasa S/o Kailash @ Kalu Ram arrested in connection with FIR No.559/2022, registered at Police Station Naya Shahar, District Bikaner shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.