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2015 DIGILAW 292 (RAJ)

Jaiprakash v. State of Rajasthan

2015-02-02

VIJAY BISHNOI

body2015
JUDGMENT 1. - This second bail application under Section 439 Cr.P.C. has been preferred by the petitioner, as the first bail application preferred by the petitioner was dismissed by this Court on 9.12.2014 as not pressed with liberty to the petitioner to file fresh bail application after filing of charge sheet. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 3. An FIR No.188/2014 has been registered at Police Station Kolayat, District Bikaner against the petitioner for the offences punishable under Sections 447, 307, 323 and 143 l.P.C. and Section 3(1)(10) SC/ST Act and Section 27 of Arms Act. 4. Learned counsel for the petitioner has submitted that the police has already filed charge sheet against the petitioner in connection with FIR No. 188/2014 of Police Station Kolayat, District Bikaner. It is also submitted that cross cases have been filed by both the parties and in the case filed against the complainant, one person has received injuries, which are dangerous to life. 5. Learned Public Prosecutor has opposed the bail application and submitted that in connection with FIR No. 189/2014 registered at the instance of accused, one person of the accused party has received injury which is dangerous to life.Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.RC. 6. Accordingly, this second bail application filed under Section 439 Cr.RC. is allowed and it is directed that petitioner Jai Prakash S/o Dera Ram shall be released on bail in connection with FIR No. 188/2014 of Police Station Kolayat, District Bikaner provided he executes a personal bond in a sum of Rs. 50,000/-with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Second Bail Applications allowed. *******