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2015 DIGILAW 359 (RAJ)

Indra Singh v. State of Rajasthan

2015-02-09

VIJAY BISHNOI

body2015
JUDGMENT 1. - This is second bail application filed under Section 439. The first bail application was rejected on 15.12.2014, however, while rejecting the same, liberty was granted to the petitioners to file fresh bail application after filing of charge-sheet. 2. Learned counsel for the petitioners has submitted that the charge-sheet has been filed against the petitioners on 30.11.2014. It is contended that in fact, there was free fight between the petitioners and the complainant and other persons in which the petitioners have also received injuries and in respect of that, an FIR has been lodged by the petitioners on 02.09.2014, to wherein the police has filed charge-sheet against the complainant party for the offences punishable under Sections 341 and 323/34 IPC. It is also argued that in charge-sheet, the police has concluded that the dispute between the parties was regarding the loud speaker installed by the complainant party and then the petitioners and other persons asked them to turn down the volume of the is loud speaker, fight took place. It is contended that the petitioners are in custody since 30.01.2014 (sic.), therefore, they may be released on bail. 3. Learned Public Prosecutor has opposed the second bail application. 4. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 5. An FIR No. 212/2014 had been registered at Police Station, Marwar Junction, District Pali against the petitioners for the offences punishable under Sections 458, 354, 376/511, 323/34 IPC read with Section 3(1)(10), 3(2)(5) SC/ST Act and 7, 8 POCSO Act. 6. Having regard to the totality of the facts and circumstances of the case 25 and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. 7. 6. Having regard to the totality of the facts and circumstances of the case 25 and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. 7. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner No. 1 - Indra Singh , 30 S/o Gajendra Singh, petitioner No. 2 - Narendra Singh S/o Gajendra Singh, petitioner No. 3 - Jalam Singh S/o Bug Singh and petitioner No. 4 - Ramesh S/o Hajari Ram shall be released on bail in connection with FIR No. 212/2014 of Police Station, Marwar Junction, District Pali provided each of them 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. 8. However, it is made clear that if any fresh case of similar nature is registered against the applicants herein, the learned public prosecutor shall be at liberty to file the application for cancellation of the bail of the accused applicants before the trial court and in that event, the trial court shall be at liberty to cancel the bail of the applicants after giving an opportunity of hearing to them uninfluenced by the fact that accused applicants have been granted bail by this Court.Second bail application allowed. *******