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2008 DIGILAW 236 (RAJ)

Kaluram v. State of Rajasthan

2008-01-28

S.P.PATHAK

body2008
JUDGMENT 1. - The contention of the learned Counsel for the accused-petitioner is that the prosecution has completely changed its version which was the initial version. In the initial version. the injury which is in relation to section 307, I.P.C. has not been attributed to accused-petitioner and it has been attributed to Bharat and Jitu and after 23 days of incident, this version was changed and the accused-petitioner was stated to be responsible for the injury for which the offence initially was under section 308. I.P.C. which has been converted into one under section 307, I.P.C. It has also been submitted that after investigation, charge-sheet has been filed. 2. The learned P.P. has opposed the application. 3. 1 have carefully considered the submissions made before me and perused the impugned order. 4. After taking into consideration the submissions made before me and the overall facts and circumstances of the case, without expressing any opinion on the merits of the case but taking into consideration the fact that the initial version of the prosecution has been changed subsequently, therefore, I deem it proper to allow the application for bail moved by the accused-petitioner under section 439, Cr. P.C.In the result, the bail application is allowed and it is hereby directed that applicant (1) Kaluram S/o Mool Chand shall be released on bail in F.I.R. No. 526/2007 of P.S. Vigyan Nagar, Kota provided that he furnishes a personal bond in the sum of Rs. 30,000/- along with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till conclusion of the trial.Appeal Allowed *******