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2009 DIGILAW 1674 (RAJ)

Omprakash v. State of Rajasthan

2009-07-23

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order governs the disposal of bail petition filed under section 439 of Cr.PC. by Shri S.K. Singodia, Advocate, on behalf of the applicant Omprakash pertaining to FIR No. 138/2009 of Police Station, Bhinai, District Ajmer, in the offence under section 307, IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the petitioner has been falsely implicated and is in no way connected with the alleged offence of the instant case. His name does not appear in the first information report nor is he alleged to have opened fire. None has sustained any gun shot injury. It is a case of no evidence. There is not even a shred of evidence which could connect the petitioner with the offence of attempt to commit murder. Hence, he deserves to be released on bail. 4. Learned Public Prosecutor has albeit (opposed) the bail petition, but fairly conceded that there is no evidence with regard to opening of fire by the petitioner. The evidence available on record against the petitioner is only this much that he was in frequent contact with Dhan Singh on telephone and it is he who took the person to identify the house of Geeta Devi. 5. Having considered the submissions made at the Bar and perused the relevant material available on record, I without expressing any opinion on the merits of the case but keeping in view the fact that the trial of the case shall take time to complete, I deem it just and proper to grant bail to the petitioner and his bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner namely Omprakash S/o Shri Devi Lal Bhambi, in FIR No. 138/2009 of Police Station Bhinai District Ajmer, shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000/- together with two surety bonds each of Rs. 10,000/- to the satisfaction of the learned trial court with the stipulation that he shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded.Bail Allowed. *******