Research › Search › Judgment

Rajasthan High Court · body

2016 DIGILAW 1636 (RAJ)

Suresh Kumar S/o Amilal v. State of Rajasthan

2016-11-17

VIJAY BISHNOI

body2016
ORDER : 1. Heard learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record. 2. The petitioners have been arrested in FIR No.225/2016 of Police Station Rajgarh, District Churu for the offences punishable under Sections 302, 323, 325, 426, 427 read with Section 34 IPC. They have preferred these bail applications under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has argued that the FIR has been lodged after a delay of more than 20 days. It is also argued that though the alleged eye witnesses namely Rakesh Kumar, Virendra and Lalit Purva had stated in their statements that the petitioners along with one Vijendra had brutally assaulted the deceased, however, as per the post mortem report, the cause of death of the deceased was mentioned as septicimia. It is also argued that as a matter of fact, the deceased remained in hospital at Hisar for Harnia operation and the said operation was conducted on him, but due to some complications, the said operation could not be successful and he died on account of septicimia. Learned counsel for the petitioners has also argued that the statements of the eye witnesses have been recorded after a month of the incident and therefore, the veracity of those statements is questionable. Learned counsel for the petitioners has therefore prayed that the petitioners may be enlarged on bail. 4. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application and submitted that as per the statements of the eye witnesses and the other evidence available on record, the involvement of the petitioners in commission of crime is apparent and therefore they are not entitled to be enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case, 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. 6. 5. Having regard to the totality of the facts and circumstances of the case, 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. 6. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners – Suresh Kumar son of Amilal and Dharampal son of Phula Ram shall be released on bail in connection with FIR No.225/2016 of Police Station Rajgarh, District Churu provided each of them executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.