Vishnu vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.238/2020 registered

at Police Station Rudawal, District Bharatpur (Rajasthan) for the offence(s) under Section(s) 143, 323, 341, 452, 354, 379, 302 of I.P.C. and later on

for offence under Sections 143, 323, 341, 354, 452, 302 IPC.

It is contended by learned counsel for the petitioner that there are omnibus allegation against the present petitioner in the FIR as well as in the

statements of the prosecution witnesses recorded under Section 161 Cr.P.C. Drawing attention of this Court towards the supplementary statement of

informant eye-witness Vishnu Kumar Sharma recorded under Section 161 Cr.P.C., learned counsel for the petitioner submitted that fatal injury on the

person of deceased Hariom has not been attributed to the present petitioner. He submits that the petitioner is in custody since 12.07.2020, charge-

sheet has been filed, he has no criminal antecedents. He submits that similarly situated co-accused persons Ratan Singh and Saurabh have been

extended benefit of bail by this Court and prays for his release on bail.

Learned Public Prosecutor assisted by counsel for the complainant opposing the bail application submitted that the petitioner was a member of

unlawful assembly which murdered Hariom in furtherance of their common object and hence, the petitioner does not deserve indulgence of bail.

Taking into consideration the submissions advanced by the respective parties, the nature of allegation against the present petitioner, his length of

custody, filing of the charge-sheet, absence of criminal antecedents, release of co-accused on bail and the material available in the charge-sheet; but,

without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Vishnu S/o Ratansingh shall be released on bail under Section 439

Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.